CHAPTER 148. Public health occupations, licensing

     148.01 Chiropractic. 

    Subdivision 1.  For the purposes of sections 148.01 to 
 148.10, "chiropractic" is defined as the science of adjusting 
 any abnormal articulations of the human body, especially those 
 of the spinal column, for the purpose of giving freedom of 
 action to impinged nerves that may cause pain or deranged 
 function.  

    Subd. 2.  The practice of chiropractic is not the practice 
 of medicine, surgery, or osteopathy.  

    Subd. 3.  Chiropractic practice includes those noninvasive 
 means of clinical, physical, and laboratory measures and 
 analytical X-ray of the bones of the skeleton which are 
 necessary to make a determination of the presence or absence of 
 a chiropractic condition.  The practice of chiropractic may 
 include procedures which are used to prepare the patient for 
 chiropractic adjustment or to complement the chiropractic 
 adjustment.  The procedures may not be used as independent 
 therapies or separately from chiropractic adjustment.  No device 
 which utilizes heat or sound shall be used in the treatment of a 
 chiropractic condition unless it has been approved by the 
 Federal Communications Commission.  No device shall be used 
 above the neck of the patient.  Any chiropractor who utilizes 
 procedures in violation of this subdivision shall be guilty of 
 unprofessional conduct and subject to disciplinary procedures 
 according to section 148.10. 

    HIST: (5725, 5731(c)) 1919 c 64 s 2,8; 1927 c 230; 1975 c 362 
 s 1; 1983 c 346 s 1 

     148.02 Chiropractors; state board of examiners.  

    There is hereby created and established a board to be known 
 by the name and style of state board of chiropractic examiners.  

    HIST: (5724) 1919 c 64 s 1 

     148.03 Appointment. 

    The governor shall appoint a board of chiropractic 
 examiners consisting of two public members as defined by section 
 214.02 and five resident chiropractors who shall have practiced 
 chiropractic in this state for at least three years immediately 
 prior to the time of appointment, all of whom shall be graduates 
 of a course of chiropractic, but no more than two of whom shall 
 be graduates of the same school or college of chiropractic.  
 Membership terms, compensation of members, removal of members, 
 the filling of membership vacancies, and fiscal year and 
 reporting requirements shall be as provided in sections 214.07 
 to 214.09.  The provision of staff, administrative services and 
 office space; the review and processing of complaints; the 
 setting of board fees; and other provisions relating to board 
 operations shall be as provided in chapter 214.  The board shall 
 have the authority to prescribe rules relative to the 
 examination of applicants for license to practice chiropractic 
 and for the annual renewal of licenses.  Vacancies caused by 
 death or otherwise shall be filled by the governor within 60 
 days.  No member of the board shall be financially interested in 
 any chiropractic school or college or be in any way affiliated 
 with the practice of other methods of healing as are now 
 regulated by law in this state. 

    HIST: (5726) 1919 c 64 s 3; 1943 c 155 s 1; 1959 c 186 s 1; 
 1973 c 638 s 10; 1975 c 136 s 8; 1976 c 222 s 45; 1976 c 239 s 
 54; 1991 c 199 art 1 s 41 

     148.031 Continuing education. 

    The board shall adopt rules requiring continuing education 
 for chiropractors licensed under this chapter who regularly 
 practice in the area of workers' compensation.  These rules 
 shall include rules relating to continuing education designed to 
 assure the coordination of treatment, rehabilitation, and other 
 chiropractic services provided to injured employees under 
 chapter 176.  Rules relative to education under chapter 176 
 shall be adopted jointly with the commissioner of labor and 
 industry.  These rules shall be consistent with section 214.12.  

    HIST: 1983 c 290 s 18 

     148.04 Procedure.  

    The officers of the board of chiropractic examiners shall 
 have power to administer oaths, summon witnesses, and take 
 testimony as to matters pertaining to its duties.  It shall 
 adopt a minimum of educational requirements not inconsistent 
 with the provisions of sections 148.01 to 148.10, which shall be 
 without prejudice, partiality, or discrimination as to the 
 different schools or colleges of chiropractic.  The board shall 
 meet at such times as the majority of the board may deem 
 proper.  A majority of the board shall constitute a quorum for 
 the transaction of business.  The secretary shall keep a record 
 of its proceedings.  This report shall be prima facie evidence 
 of all matters therein recorded.  

    HIST: (5727) 1919 c 64 s 4; 1967 c 149 s 1; 1973 c 638 s 11; 
 1975 c 136 s 9 

     148.05 License and fee. 

    At its first meeting the state board of chiropractic 
 examiners shall issue to each member a license to practice 
 chiropractic, for which the member shall pay a fee set by the 
 board.  The board shall have a common seal and promulgate rules 
 to govern its actions. 

    HIST: (5728) 1919 c 64 s 5; 1976 c 222 s 46; 1986 c 444 

     148.06 Application; examination; license; fee. 

    Subdivision 1.    License required; qualifications.  No 
 person shall practice chiropractic in this state without first 
 being licensed by the state board of chiropractic examiners.  
 The applicant shall have earned at least one-half of all 
 academic credits required for awarding of a baccalaureate degree 
 from the University of Minnesota, or other university, college, 
 or community college of equal standing, in subject matter 
 determined by the board, and taken a four-year resident course 
 of at least eight months each in a school or college of 
 chiropractic that is fully accredited by the council on 
 chiropractic education or fully accredited by an agency approved 
 by the United States Office of Education or their successors as 
 of January 1, 1988.  The board may issue licenses to practice 
 chiropractic without compliance with prechiropractic or academic 
 requirements listed above if in the opinion of the board the 
 applicant has the qualifications equivalent to those required of 
 other applicants, the applicant satisfactorily passes written 
 and practical examinations as required by the board of 
 chiropractic examiners, and the applicant is a graduate of a 
 college of chiropractic with a reciprocal recognition agreement 
 with the council on chiropractic education as of January 1, 
 1988.  The board may recommend a two-year prechiropractic course 
 of instruction to any university, college, or community college 
 which in its judgment would satisfy the academic prerequisite 
 for licensure as established by this section. 

    An examination for a license shall be in writing and shall 
 include testing in: 

    (a) The basic sciences including but not limited to 
 anatomy, physiology, bacteriology, pathology, hygiene, and 
 chemistry as related to the human body or mind; 

    (b) The clinical sciences including but not limited to the 
 science and art of chiropractic, chiropractic physiotherapy, 
 diagnosis, roentgenology, and nutrition; and 

    (c) Professional ethics and any other subjects that the 
 board may deem advisable. 

    The board may consider a valid certificate of examination 
 from the National Board of Chiropractic Examiners as evidence of 
 compliance with the written examination requirements of this 
 subdivision.  The applicant shall be required to give practical 
 demonstration in vertebral palpation, neurology, adjusting and 
 any other subject that the board may deem advisable.  A license, 
 countersigned by the members of the board and authenticated by 
 the seal thereof, shall be granted to each applicant who 
 correctly answers 75 percent of the questions propounded in each 
 of the subjects required by this subdivision and meets the 
 standards of practical demonstration established by the board.  
 Each application shall be accompanied by a fee set by the 
 board.  The fee shall not be returned but the applicant may, 
 within one year, apply for examination without the payment of an 
 additional fee.  The board may grant a license to an applicant 
 who holds a valid license to practice chiropractic issued by the 
 appropriate licensing board of another state, provided the 
 applicant meets the other requirements of this section and 
 satisfactorily passes the practical examination before the 
 board.  The burden of proof is on the applicant to demonstrate 
 these qualifications or satisfaction of these requirements.  

    Subd. 2.  Repealed, 1976 c 222 s 209 

    HIST: (5729) 1919 c 64 s 6; 1927 c 230; 1959 c 186 s 2; 1967 c 
 706 s 1; 1974 c 564 s 1; 1976 c 222 s 47; 1977 c 193 s 1; 1983 c 
 346 s 2; 1986 c 444; 1987 c 345 s 1; 1988 c 642 s 6 

     148.07 Renewal fees; expenses. 

    Subdivision 1.    Renewal fees.  All persons practicing 
 chiropractic within this state, or licensed so to do, shall pay, 
 on or before the date of expiration of their licenses, to the 
 board of chiropractic examiners a renewal fee set by the board, 
 with a penalty set by the board for each month or portion 
 thereof for which a license fee is in arrears and upon payment 
 of the renewal and upon compliance with all the rules of the 
 board, shall be entitled to renewal of their license. 

    Subd. 2.    Expenses.  The expenses of administering 
 sections 148.01 to 148.105 shall be paid from the appropriation 
 made to the state board of chiropractic examiners.  Expenditures 
 and revenues must be managed in accordance with the statewide 
 accounting principles and requirements of the commissioner of 
 finance.  

    Subd. 3.  Repealed, 1975 c 136 s 77 

    HIST: (5730) 1919 c 64 s 7; 1927 c 230 s 1; 1943 c 155 s 2; 
 1955 c 847 s 12; 1959 c 186 s 3; 1965 c 64 s 1; 1967 c 149 s 2; 
 1969 c 399 s 1; 1973 c 638 s 12,13; 1976 c 222 s 48; 1983 c 346 
 s 3; 1987 c 345 s 2 

     148.08 Rules. 

    Subdivision 1.  Repealed, 1976 c 222 s 209 

    Subd. 2.    How regulated.  Chiropractors shall be 
 subject to the same rules and regulations, both municipal and 
 state, that govern other licensed doctors or physicians in the 
 control of contagious and infectious diseases, and shall be 
 entitled to sign health and death certificates, and to all 
 rights and privileges of other doctors or physicians in all 
 matters pertaining to the public health, except prescribing 
 internal drugs or the practice of medicine, physical therapy, 
 surgery and obstetrics. 

    Subd. 3.    Rules.  The board of chiropractic examiners 
 shall promulgate rules necessary to administer sections 148.01 
 to 148.105 to protect the health, safety, and welfare of the 
 public, including rules governing the practice of chiropractic 
 and defining any terms, whether or not used in sections 148.01 
 to 148.105, if the definitions are not inconsistent with the 
 provisions of sections 148.01 to 148.105.  

    HIST: (5731) 1919 c 64 s 8; 1927 c 230; 1975 c 362 s 2; 1983 c 
 346 s 4; 1985 c 248 s 70; 1987 c 345 s 3 

     148.09 Independent examination. 

    A doctor of chiropractic conducting a physical examination 
 of a patient or a review of records by a doctor of chiropractic, 
 for the purpose of generating a report or opinion to aid a 
 reparation obligor under chapter 65B in making a determination 
 regarding the condition or further treatment of the patient, 
 shall meet the following requirements: 

    (1) the doctor of chiropractic must either be an instructor 
 at an accredited school of chiropractic or have devoted not less 
 than 50 percent of practice time to direct patient care during 
 the two years immediately preceding the examination; 

    (2) the doctor of chiropractic must have completed any 
 annual continuing education requirements for chiropractors 
 prescribed by the board of chiropractic examiners; 

    (3) the doctor of chiropractic must not accept a fee of 
 more than $500 for each independent exam conducted; and 

    (4) the doctor of chiropractic must register with the board 
 of chiropractic examiners as an independent examiner and adhere 
 to all rules governing the practice of chiropractic. 

    HIST: 1990 c 611 s 1 

     148.10 Licenses revoked; new licenses. 

    Subdivision 1.    Grounds.  (a) The state board of 
 chiropractic examiners may refuse to grant, or may revoke, 
 suspend, condition, limit, restrict or qualify a license to 
 practice chiropractic, or may cause the name of a person 
 licensed to be removed from the records in the office of the 
 court administrator of the district court for: 

    (1) Advertising that is false or misleading; that violates 
 a rule of the board; or that claims the cure of any condition or 
 disease. 

    (2) The employment of fraud or deception in applying for a 
 license or in passing the examination provided for in section 
 148.06 or conduct which subverts or attempts to subvert the 
 licensing examination process.  

    (3) The practice of chiropractic under a false or assumed 
 name or the impersonation of another practitioner of like or 
 different name.  

    (4) The conviction of a crime involving moral turpitude.  

    (5) The conviction, during the previous five years, of a 
 felony reasonably related to the practice of chiropractic.  

    (6) Habitual intemperance in the use of alcohol or drugs.  

    (7) Failure to pay the annual renewal license fee.  

    (8) Advanced physical or mental disability.  

    (9) The revocation or suspension of a license to practice 
 chiropractic; or other disciplinary action against the licensee; 
 or the denial of an application for a license by the proper 
 licensing authority of another state, territory or country; or 
 failure to report to the board that charges regarding the 
 person's license have been brought in another state or 
 jurisdiction.  

    (10) The violation of, or failure to comply with, the 
 provisions of sections 148.01 to 148.105, the rules of the state 
 board of chiropractic examiners, or a lawful order of the board. 

    (11) Unprofessional conduct.  

    (12) Being unable to practice chiropractic with reasonable 
 skill and safety to patients by reason of illness, professional 
 incompetence, senility, drunkenness, use of drugs, narcotics, 
 chemicals or any other type of material, or as a result of any 
 mental or physical condition, including deterioration through 
 the aging process or loss of motor skills.  If the board has 
 probable cause to believe that a person comes within this 
 clause, it shall direct the person to submit to a mental or 
 physical examination.  For the purpose of this clause, every 
 person licensed under this chapter shall be deemed to have given 
 consent to submit to a mental or physical examination when 
 directed in writing by the board and further to have waived all 
 objections to the admissibility of the examining physicians' 
 testimony or examination reports on the ground that the same 
 constitute a privileged communication.  Failure of a person to 
 submit to such examination when directed shall constitute an 
 admission of the allegations, unless the failure was due to 
 circumstances beyond the person's control, in which case a 
 default and final order may be entered without the taking of 
 testimony or presentation of evidence.  A person affected under 
 this clause shall at reasonable intervals be afforded an 
 opportunity to demonstrate that the person can resume the 
 competent practice of chiropractic with reasonable skill and 
 safety to patients.  

    In addition to ordering a physical or mental examination, 
 the board may, notwithstanding section 13.42, 144.651, or any 
 other law limiting access to health data, obtain health data and 
 health records relating to a licensee or applicant without the 
 licensee's or applicant's consent if the board has probable 
 cause to believe that a doctor of chiropractic comes under this 
 clause.  The health data may be requested from a provider, as 
 defined in section 144.335, subdivision 1, paragraph (b), an 
 insurance company, or a government agency, including the 
 department of human services.  A provider, insurance company, or 
 government agency shall comply with any written request of the 
 board under this subdivision and is not liable in any action for 
 damages for releasing the data requested by the board if the 
 data are released pursuant to a written request under this 
 subdivision, unless the information is false and the provider or 
 entity giving the information knew, or had reason to believe, 
 the information was false.  Information obtained under this 
 subdivision is classified as private under sections 13.01 to 
 13.87.  

    In any proceeding under this clause, neither the record of 
 proceedings nor the orders entered by the board shall be used 
 against a person in any other proceeding.  

    (13) Aiding or abetting an unlicensed person in the 
 practice of chiropractic, except that it is not a violation of 
 this clause for a doctor of chiropractic to employ, supervise, 
 or delegate functions to a qualified person who may or may not 
 be required to obtain a license or registration to provide 
 health services if that person is practicing within the scope of 
 the license or registration or delegated authority.  

    (14) Improper management of health records, including 
 failure to maintain adequate health records as described in 
 clause (18), to comply with a patient's request made under 
 section 144.335 or to furnish a health record or report required 
 by law.  

    (15) Failure to make reports required by section 148.102, 
 subdivisions 2 and 5, or to cooperate with an investigation of 
 the board as required by section 148.104, or the submission of a 
 knowingly false report against another doctor of chiropractic 
 under section 148.10, subdivision 3.  

    (16) Splitting fees, or promising to pay a portion of a fee 
 or a commission, or accepting a rebate.  

    (17) Revealing a privileged communication from or relating 
 to a patient, except when otherwise required or permitted by law.

    (18) Failing to keep written chiropractic records 
 justifying the course of treatment of the patient, including, 
 but not limited to, patient histories, examination results, test 
 results, and X-rays.  Unless otherwise required by law, written 
 records need not be retained for more than seven years and 
 X-rays need not be retained for more than four years.  

    (19) Exercising influence on the patient or client in such 
 a manner as to exploit the patient or client for financial gain 
 of the licensee or of a third party which shall include, but not 
 be limited to, the promotion or sale of services, goods, or 
 appliances.  

    (20) Gross or repeated malpractice or the failure to 
 practice chiropractic at a level of care, skill, and treatment 
 which is recognized by a reasonably prudent chiropractor as 
 being acceptable under similar conditions and circumstances.  

    (21) Delegating professional responsibilities to a person 
 when the licensee delegating such responsibilities knows or has 
 reason to know that the person is not qualified by training, 
 experience, or licensure to perform them.  

    (b) For the purposes of paragraph (a), clause (2), conduct 
 that subverts or attempts to subvert the licensing examination 
 process includes, but is not limited to:  (1) conduct that 
 violates the security of the examination materials, such as 
 removing examination materials from the examination room or 
 having unauthorized possession of any portion of a future, 
 current, or previously administered licensing examination; (2) 
 conduct that violates the standard of test administration, such 
 as communicating with another examinee during administration of 
 the examination, copying another examinee's answers, permitting 
 another examinee to copy one's answers, or possessing 
 unauthorized materials; or (3) impersonating an examinee or 
 permitting an impersonator to take the examination on one's own 
 behalf.  

    (c) For the purposes of paragraph (a), clauses (4) and (5), 
 conviction as used in these subdivisions includes a conviction 
 of an offense that if committed in this state would be deemed a 
 felony without regard to its designation elsewhere, or a 
 criminal proceeding where a finding or verdict of guilt is made 
 or returned but the adjudication of guilt is either withheld or 
 not entered. 

    (d) For the purposes of paragraph (a), clauses (4), (5), 
 and (6), a copy of the judgment or proceeding under seal of the 
 administrator of the court or of the administrative agency which 
 entered the same shall be admissible into evidence without 
 further authentication and shall constitute prima facie evidence 
 of its contents. 

    (e) For the purposes of paragraph (a), clause (11), 
 unprofessional conduct means any unethical, deceptive or 
 deleterious conduct or practice harmful to the public, any 
 departure from or the failure to conform to the minimal 
 standards of acceptable chiropractic practice, or a willful or 
 careless disregard for the health, welfare or safety of 
 patients, in any of which cases proof of actual injury need not 
 be established.  Unprofessional conduct shall include, but not 
 be limited to, the following acts of a chiropractor: 

    (1) gross ignorance of, or incompetence in, the practice of 
 chiropractic; 

    (2) engaging in conduct with a patient that is sexual or 
 may reasonably be interpreted by the patient as sexual, or in 
 any verbal behavior that is seductive or sexually demeaning to a 
 patient; 

    (3) performing unnecessary services; 

    (4) charging a patient an unconscionable fee or charging 
 for services not rendered; 

    (5) directly or indirectly engaging in threatening, 
 dishonest, or misleading fee collection techniques; 

    (6) perpetrating fraud upon patients, third-party payors, 
 or others, relating to the practice of chiropractic, including 
 violations of the Medicare or Medicaid laws or state medical 
 assistance laws; 

    (7) advertising that the licensee will accept for services 
 rendered assigned payments from any third-party payer as payment 
 in full, if the effect is to give the impression of eliminating 
 the need of payment by the patient of any required deductible or 
 copayment applicable in the patient's health benefit plan; or 
 advertising a fee or charge for a service or treatment different 
 from the fee or charge the licensee submits to a third-party 
 payer for that service or treatment.  As used in this clause, 
 "advertise" means solicitation by the licensee by means of 
 handbills, posters, circulars, motion pictures, radio, 
 newspapers, television, or in any other manner.  In addition to 
 the board's power to punish for violations of this clause, 
 violation of this clause is also a misdemeanor; 

    (8) accepting for services rendered assigned payments from 
 any third-party payer as payment in full, if the effect is to 
 eliminate the need of payment by the patient of any required 
 deductible or copayment applicable in the patient's health 
 benefit plan, except as hereinafter provided; or collecting a 
 fee or charge for a service or treatment different from the fee 
 or charge the licensee submits to a third-party payer for that 
 service or treatment, except as hereinafter provided.  This 
 clause is intended to prohibit offerings to the public of the 
 above listed practices and those actual practices as well, 
 except that in instances where the intent is not to collect an 
 excessive remuneration from the third-party payer but rather to 
 provide services at a reduced rate to a patient unable to afford 
 the deductible or copayment, the services may be performed for a 
 lesser charge or fee.  The burden of proof for establishing that 
 this is the case shall be on the licensee; and 

    (9) any other act that the board by rule may define.  

    Subd. 2.    Issuance following refusal, revocation or 
 cancellation.  The state board of chiropractic examiners may, 
 at any time within two years of the refusal or revocation or 
 cancellation of a license under this section, by a majority 
 vote, issue a new license or grant a license to the person 
 affected, restoring to, or conferring upon the person, all the 
 rights and privileges of, and pertaining to, the practice of 
 chiropractic, as defined and regulated by sections 148.01 to 
 148.10.  Any person to whom such have been restored shall pay a 
 fee set by the board upon issuance of a new license. 

    Subd. 3.    Reprimand; penalties; probation.  In 
 addition to the other powers granted to the board under this 
 chapter, the board may, in connection with any person whom the 
 board, after a hearing, adjudges unqualified or whom the board, 
 after a hearing, finds to have performed one or more of the acts 
 described in subdivision 1: 

    (1) publicly reprimand or censure the person; 

    (2) place the person on probation for the period and upon 
 the terms and conditions that the board may prescribe; and 

    (3) require payment of all costs of proceedings resulting 
 in the disciplinary action; and 

    (4) impose a civil penalty not exceeding $10,000 for each 
 separate violation, the amount of the civil penalty to be fixed 
 so as to deprive the doctor of chiropractic of any economic 
 advantage gained by reason of the violation charged or to 
 reimburse the board for the cost of the investigation and 
 proceeding. 

    Subd. 4.    Temporary suspension.  In addition to any 
 other remedy provided by law, the board may, without a hearing, 
 temporarily suspend a license for not more than 60 days if the 
 board finds that a person has violated a statute or rule which 
 the board is empowered to enforce and continued practice by the 
 person would create an imminent risk of harm to others.  The 
 suspension shall take effect upon written notice to the person, 
 specifying the statute or rule violated.  At the time it issues 
 the suspension notice, the board shall schedule a disciplinary 
 hearing to be held pursuant to the Administrative Procedure 
 Act.  The person shall be provided with at least 20 days' notice 
 of any hearing held pursuant to this subdivision.  

    Subd. 5.    Tax clearance certificate.  (a) In addition 
 to the grounds provided in subdivision 1, the board may not 
 issue or renew a license to practice chiropractic if the 
 commissioner of revenue notifies the board and the licensee or 
 applicant for a license that the licensee or applicant owes the 
 state delinquent taxes in the amount of $500 or more.  The board 
 may issue or renew the license only if (1) the commissioner of 
 revenue issues a tax clearance certificate and (2) the 
 commissioner of revenue or the licensee or applicant forwards a 
 copy of the clearance to the board.  The commissioner of revenue 
 may issue a clearance certificate only if the licensee or 
 applicant does not owe the state any uncontested delinquent 
 taxes. 

    (b) For purposes of this subdivision, the following terms 
 have the meanings given. 

    (1) "Taxes" are all taxes payable to the commissioner of 
 revenue, including penalties and interest due on those taxes. 

    (2) "Delinquent taxes" do not include a tax liability if 
 (i) an administrative or court action that contests the amount 
 or validity of the liability has been filed or served, (ii) the 
 appeal period to contest the tax liability has not expired, or 
 (iii) the licensee or applicant has entered into a payment 
 agreement to pay the liability and is current with the payments. 

    (c) In lieu of the notice and hearing requirements of 
 subdivisions 3 and 4, when a licensee or applicant is required 
 to obtain a clearance certificate under this subdivision, a 
 contested case hearing must be held if the licensee or applicant 
 requests a hearing in writing to the commissioner of revenue 
 within 30 days of the date of the notice provided in paragraph 
 (a).  The hearing must be held within 45 days of the date the 
 commissioner of revenue refers the case to the office of 
 administrative hearings.  Notwithstanding any law to the 
 contrary, the licensee or applicant must be served with 20 days' 
 notice in writing specifying the time and place of the hearing 
 and the allegations against the licensee or applicant.  The 
 notice may be served personally or by mail. 

    (d) The board shall require all licensees or applicants of 
 a license to practice chiropractic to provide their social 
 security number and Minnesota business identification number on 
 all license applications.  Upon request of the commissioner of 
 revenue, the board must provide to the commissioner of revenue a 
 list of all licensees and applicants for a license to practice 
 chiropractic, including the name and address, social security 
 number, and business identification number.  The commissioner of 
 revenue may request a list of the licensees and applicants no 
 more than once each calendar year.  

    Subd. 6.    Effect of appeal.  A suspension, revocation, 
 condition, limitation, qualification, or restriction of a 
 license shall be in effect pending determination of an appeal 
 unless the court, upon petition and for good cause shown, shall 
 otherwise order. 

    A license to practice chiropractic is automatically 
 suspended if (1) a guardian of the person of a licensee is 
 appointed by order of a court under sections 525.54 to 525.61, 
 for reasons other than the minority of the licensee; or (2) the 
 licensee is committed by order of a court under chapter 253B.  
 The license remains suspended until the licensee is restored to 
 capacity by a court and, upon petition by the licensee, the 
 suspension is terminated by the board after a hearing.  

    HIST: (5733) 1919 c 64 s 10; 1927 c 230; 1957 c 154 s 1; 1959 
 c 186 s 4; 1976 c 222 s 49; 1977 c 193 s 2,3; 1983 c 346 s 5-7; 
 1986 c 444; 1Sp1986 c 1 art 7 s 8; 1Sp1986 c 3 art 1 s 82; 1987 
 c 345 s 4-6; 1989 c 184 art 2 s 4; 1Sp1994 c 1 art 2 s 6 

  148.101 Repealed, 1987 c 345 s 14 

     148.102 Reports of state or local societies. 

    Subdivision 1.    Requirement.  If a state or local 
 chiropractic society receives a complaint which might be grounds 
 for discipline under section 148.10 against a member doctor of 
 chiropractic, the society shall report the complaint or shall 
 direct the complainant to the board of chiropractic examiners.  

    Subd. 2.    Licensed professionals.  A licensed health 
 professional shall report to the board personal knowledge of any 
 conduct which the professional reasonably believes constitutes 
 grounds for disciplinary action under section 148.10 by any 
 doctor of chiropractic including any conduct indicating that the 
 doctor of chiropractic may be incompetent, or may have engaged 
 in unprofessional conduct, or may be physically unable to engage 
 safely in the practice of chiropractic.  No report shall be 
 required if the information was obtained in the course of a 
 patient relationship if the patient is a doctor of chiropractic 
 and the treating health professional successfully counsels the 
 doctor of chiropractic to limit or withdraw from practice to the 
 extent required by the impairment; or (2) is a patient or former 
 patient of the doctor of chiropractic and the treating 
 professional is a psychologist from whom the patient is 
 receiving psychotherapeutic services. 

    Subd. 3.    Insurers.  Two times each year each insurer 
 authorized to sell insurance described in section 60A.06, 
 subdivision 1, clause (13), and providing professional liability 
 insurance to chiropractors shall submit to the board a report 
 concerning the chiropractors against whom malpractice 
 settlements or awards have been made to the plaintiff.  The 
 report must contain at least the following information: 

    (1) the total number of malpractice settlements or awards 
 made to the plaintiff; 

    (2) the date the malpractice settlements or awards to the 
 plaintiff were made; 

    (3) the allegations contained in the claim or complaint 
 leading to the settlements or awards made to the plaintiff; 

    (4) the dollar amount of each malpractice settlement or 
 award; 

    (5) the regular address of the practice of the doctor of 
 chiropractic against whom an award was made or with whom a 
 settlement was made; and 

    (6) the name of the doctor of chiropractic against whom an 
 award was made or with whom a settlement was made. 

    The insurance company shall, in addition to the above 
 information, report to the board any information it possesses 
 which tends to substantiate a charge that a doctor of 
 chiropractic may have engaged in conduct violating section 
 148.10 and this section. 

    Subd. 4.    Courts.  The court administrator of district 
 court or any other court of competent jurisdiction shall report 
 to the board any judgment or other determination of the court 
 which adjudges or includes a finding that a doctor of 
 chiropractic is mentally ill, mentally incompetent, guilty of a 
 felony, guilty of an abuse or fraud, appoints a guardian of the 
 doctor of chiropractic under sections 525.54 to 525.61 or 
 commits a doctor of chiropractic under chapter 253B. 

    Subd. 5.    Self-reporting.  A doctor of chiropractic 
 shall report to the board any action concerning that doctor 
 which would require that a report be filed with the board by any 
 person, health care facility, business, or organization under 
 subdivision 4. 

    Subd. 6.    Deadlines; forms.  Reports required by 
 subdivisions 1 to 5 must be submitted not later than 30 days 
 after the occurrence of the reportable event or transaction.  
 The board may provide forms for the submission of reports 
 required by this section, may require that reports be submitted 
 on the forms provided, and may adopt rules necessary to assure 
 prompt and accurate reporting. 

    Subd. 7.    Subpoenas.  The board may issue subpoenas 
 for the production of any reports required by subdivisions 1 to 
 5 or any related documents. 

    HIST: 1987 c 345 s 7; 1992 c 464 art 1 s 56; 1Sp1994 c 1 art 2 
 s 7 

     148.103 Immunity for reporting or investigating. 

    Subdivision 1.    Reporting.  Any person, health care 
 facility, business, or organization is immune from civil 
 liability or criminal prosecution for submitting a report to the 
 board under section 148.102 or for otherwise reporting to the 
 board violations or alleged violations of section 148.10.  The 
 reports are private. 

    Subd. 2.    Investigation.  Members of the board and 
 persons employed by the board or engaged in the investigation or 
 prosecution of violations and in the preparation and management 
 of charges of violations of sections 148.01 to 148.105 on behalf 
 of the board are immune from civil liability and criminal 
 prosecution for any actions, transactions, or publications in 
 the execution of, or relating to, their duties under sections 
 148.01 to 148.105. 

    HIST: 1987 c 345 s 8 

     148.104 Cooperation during investigations. 

    A doctor of chiropractic who is the subject of an 
 investigation by or on behalf of the board shall cooperate fully 
 with the investigation.  Cooperation includes responding fully 
 and promptly to any question raised by or on behalf of the board 
 relating to the subject of the investigation and providing 
 copies of patient health records, as reasonably requested by the 
 board, to assist the board in its investigation. 

    HIST: 1987 c 345 s 9 

     148.105 Violation. 

    Subdivision 1.    Generally.  Any person who practices, 
 or attempts to practice, chiropractic or who uses any of the 
 terms or letters "Doctors of Chiropractic," "Chiropractor," 
 "D.C.," or any other title or letters under any circumstances as 
 to lead the public to believe that the person who so uses the 
 terms is engaged in the practice of chiropractic, without having 
 complied with the provisions of sections 148.01 to 148.104, is 
 guilty of a gross misdemeanor; and, upon conviction, fined not 
 less than $1,000 nor more than $10,000 or be imprisoned in the 
 county jail for not less than 30 days nor more than six months 
 or punished by both fine and imprisonment, in the discretion of 
 the court.  It is the duty of the county attorney of the county 
 in which the person practices to prosecute.  Nothing in sections 
 148.01 to 148.105 shall be considered as interfering with any 
 person: 

    (1) licensed by a health related licensing board, as 
 defined in section 214.01, subdivision 2, including 
 psychological practitioners with respect to the use of hypnosis; 

    (2) registered by the commissioner of health under section 
 214.13; or 

    (3) engaged in other methods of healing regulated by law in 
 the state of Minnesota; 

 provided that the person confines activities within the scope of 
 the license or other regulation and does not practice or attempt 
 to practice chiropractic. 

    Subd. 2.    Exceptions.  The following persons shall not 
 be in violation of subdivision 1: 

    (1) a student practicing under the direct supervision of a 
 preceptor while the student is enrolled in and regularly 
 attending a recognized chiropractic college; and 

    (2) a student who is in continuing training and performing 
 the duties of an intern or resident or engaged in postgraduate 
 work considered by the board to be the equivalent of an 
 internship or residency in any institution approved for training 
 by the board. 

    HIST: 1987 c 345 s 10; 1991 c 255 s 19 

     148.106 Peer review of services and fees. 

    Subdivision 1.    Definitions.  As used in this section, 
 the term: 

    (a) "Accepted standards" for peer review of a licensed 
 chiropractor means those standards of care, skill, and treatment 
 which are recognized by a reasonably prudent similar health care 
 provider as being acceptable under similar conditions and 
 circumstances.  

    (b) "Appropriate chiropractic treatment" means a 
 determination made of treatment and other services performed, 
 which by virtue of a substantiated and properly diagnosed 
 condition, appears to be of a type consistent with that 
 diagnosis as reviewed by the peer review committee. 

    (c) "Unconscionable fees" means charges submitted for 
 services performed that are unnecessary or unreasonable charges 
 in the judgment of the peer review committee.  In determining 
 the unconscionability of costs, the committee may consider, 
 among other appropriate factors, charges by health care 
 providers other than chiropractors for the same or similar 
 services. 

    (d) "Bill for treatment" means all services provided to a 
 consumer, regardless of the monetary consideration paid to the 
 health care provider. 

    (e) "Patient" means an individual who receives chiropractic 
 treatment from a chiropractor.  

    (f) "Peer review" means an evaluation, based on accepted 
 standards, by a peer review committee of the appropriateness, 
 quality, utilization, and cost of health care and health 
 services provided to a patient.  

    (g) "Peer review committee" means a committee of seven 
 individuals, five of whom are chiropractors licensed under this 
 chapter, two of whom are consumers, and none of whom is in a 
 direct business relationship with the provider, insurer, or 
 patient whose case is being reviewed.  The committee shall be 
 appointed by the executive director of the board or provided for 
 by a contractual arrangement with the board, and may consist of 
 different individuals for review of different cases.  

    (h) "Properly utilized services" means appropriate 
 treatment services rendered, including frequency and duration, 
 which are substantiated as being necessary and reasonable by 
 clinical records and reports of the provider or any other facts 
 or evidence pertinent to the controversy as reviewed by the peer 
 review committee. 

    Subd. 2.    Purpose.  The board shall review directly or 
 by contract information relating to certain chiropractic 
 providers for the purposes identified in section 145.61. 

    It is the intention of the legislature that the peer review 
 system and activities established under this chapter, including 
 the board and the peer review committee and their officers, 
 members, employees and agents, shall be exempt from challenge 
 under federal or state antitrust laws or other similar laws in 
 regulation of trade or commerce. 

    Subd. 3.    Duties.  The peer review committee shall 
 advise the board as to its findings under subdivision 2.  The 
 peer review committee may hear, without qualification or 
 threshold, any submission regarding the appropriateness, 
 quality, or utilization of chiropractic services.  The board may 
 establish additional criteria for screening requests for peer 
 review.  The screening shall occur upon submission by a patient, 
 the patient's representative, insurer, or chiropractor of an 
 inquiry about a bill for treatment rendered to a patient by a 
 health care provider.  

    Subd. 4.    Fees for review.  Any third party provider 
 or chiropractor making a peer review request may be charged a 
 fee to assist in defraying the administrative costs of 
 performing the review.  

    Subd. 5.    Conduct of review.  Peer review occurs upon 
 submission by a patient, the patient's representative, insurer, 
 or chiropractor, in accordance with the procedures approved by 
 the board, of an inquiry about a bill for treatment rendered to 
 a patient by a chiropractor.  The peer review committee shall 
 examine each inquiry submitted to it and shall report its 
 findings to the executive director of the board and furnish 
 copies of the findings to the patient, chiropractor, and 
 third-party payor.  The findings of the peer review committee on 
 each inquiry reviewed shall include a determination of whether 
 or not the chiropractor properly utilized services and rendered 
 or ordered appropriate treatment or services and whether or not 
 the cost of the treatment was unconscionable.  

    Subd. 6.    Annual report.  An annual summary of the 
 findings of the peer review committee shall be prepared by the 
 committee and submitted to the board.  The report may be made 
 available to interested persons upon request and upon payment of 
 necessary administrative costs to defray the expenses of 
 reproduction.  No report or summary submitted to the public by 
 the board may disclose the name or identifier of any patient 
 without the patient's consent.  

    Subd. 7.    Treatment records.  The acceptance of, or 
 the request for, payment for treatment rendered to a patient by 
 a doctor of chiropractic constitutes the consent of the doctor 
 of chiropractic to the submission of all necessary records and 
 other information concerning the treatment to the peer review 
 committee.  

    Subd. 8.    Rules.  (a) The board may adopt rules it 
 considers necessary and appropriate to implement the peer review 
 system and activities established under this chapter. 

    (b) The decision by the board to refer the matter to a peer 
 review committee, the establishment by the board of the 
 procedures by which a peer review committee reviews the 
 rendering of health care services, and the proceedings and 
 findings of a peer review committee are not subject to the 
 rulemaking provisions of chapter 14.  

    Subd. 9.    Application of other law.  (a) The 
 provisions of section 145.62, apply to any person, firm, 
 corporation, or other entity providing information to the board 
 or the peer review committee.  

    (b) The provisions of section 145.63, apply to an officer, 
 member, employee, or agent of the board and to an officer, 
 member, employee, or agent of an entity with which the board has 
 contracted under this section.  

    Subd. 10.    Confidentiality of peer review records.  
 All data and information acquired by the board or the peer 
 review committee, in the exercise of its duties and functions, 
 shall be subject to the same disclosure and confidentiality 
 protections as provided for data and information of other review 
 organizations under section 145.64.  This subdivision does not 
 limit or restrict the board or the peer review committee from 
 fully performing their prescribed peer review duties and 
 functions, nor does it apply to disciplinary and enforcement 
 proceedings under sections 14.57 to 14.62, 148.10, 148.105, 
 214.10, and 214.11.  The peer review committee shall file with 
 the board a complaint against a health care provider if it 
 determines that reasonable cause exists to believe the health 
 care provider has violated any portion of this chapter or rules 
 adopted under it, for which a licensed chiropractor may be 
 disciplined.  The peer review committee shall transmit all 
 complaint information it possesses to the board.  The data, 
 information, and records are classified as private data on 
 individuals for purposes of chapter 13.  The patient records 
 obtained by the board pursuant to this section must be used 
 solely for the purposes of the board relating to peer review or 
 the disciplinary process. 

    HIST: 1987 c 345 s 11 

  148.11 Repealed, 1963 c 45 s 12 

  148.12 Repealed, 1963 c 45 s 12 

  148.13 Repealed, 1963 c 45 s 12 

  148.14 Repealed, 1963 c 45 s 12 

  148.15 Repealed, 1963 c 45 s 12 

  148.16 Repealed, 1963 c 45 s 12 

  148.17 Repealed, 1945 c 242 s 14 

     148.171 Definitions. 

    Sections 148.171 to 148.285 shall be referred to as the 
 Minnesota Nurse Practice Act. 

    As used in sections 148.171 to 148.285: 

    (1) "Board" means the Minnesota board of nursing. 

    (2) "Registered nurse," abbreviated R.N., means an 
 individual licensed by the board to practice professional 
 nursing.  

    (3) The practice of professional nursing means the 
 performance for compensation or personal profit of the 
 professional interpersonal service of:  (a) providing a nursing 
 assessment of the actual or potential health needs of 
 individuals, families, or communities; (b) providing nursing 
 care supportive to or restorative of life by functions such as 
 skilled ministration of nursing care, supervising and teaching 
 nursing personnel, health teaching and counseling, case finding, 
 and referral to other health resources; and (c) evaluating these 
 actions.  

    The practice of professional nursing includes both 
 independent nursing functions and delegated medical functions 
 which may be performed in collaboration with other health team 
 members, or may be delegated by the professional nurse to other 
 nursing personnel.  Independent nursing function may also be 
 performed autonomously.  The practice of professional nursing 
 requires that level of special education, knowledge, and skill 
 ordinarily expected of an individual who has completed an 
 approved professional nursing education program as described in 
 section 148.211, subdivision 1.  

    (4) "Licensed practical nurse," abbreviated L.P.N., means 
 an individual licensed by the board to practice practical 
 nursing. 

    (5) The practice of practical nursing means the performance 
 for compensation or personal profit of any of those services in 
 observing and caring for the ill, injured, or infirm, in 
 applying counsel and procedure to safeguard life and health, in 
 administering medication and treatment prescribed by a licensed 
 health professional, which are commonly performed by licensed 
 practical nurses and which require specialized knowledge and 
 skill such as are taught or acquired in an approved school of 
 practical nursing, but which do not require the specialized 
 education, knowledge, and skill of a registered nurse. 

    (6) "Nurse" means registered nurse and licensed practical 
 nurse unless the context clearly refers to only one category. 

    (7) "Nursing assistant" means an individual providing 
 nursing or nursing-related services that do not require the 
 specialized knowledge and skill of a nurse, at the direction of 
 a nurse, but does not include a licensed health professional or 
 an individual who volunteers to provide such services without 
 monetary compensation. 

    (8) "Public health nurse" means a registered nurse who 
 meets the voluntary registration requirements established by the 
 board by rule.  

    HIST: 1945 c 242 s 1; 1955 c 34 s 1; 1959 c 140 s 1; 1974 c 
 554 s 1; 1988 c 440 s 1; 1989 c 194 s 3; 1990 c 483 s 1 

  148.18 Repealed, 1945 c 242 s 14 

     148.181 Board of nursing membership, vacancies, 
  disclosure. 

    Subdivision 1.    Membership.  The board of nursing 
 consists of 16 members appointed by the governor, each of whom 
 must be a resident of this state.  Eight members must be 
 registered nurses, each of whom must have graduated from an 
 approved school of nursing, must be licensed and currently 
 registered as a registered nurse in this state, and must have 
 had at least five years experience in nursing practice, nursing 
 administration, or nursing education immediately preceding 
 appointment.  One of the eight must have had at least two years 
 executive or teaching experience in a baccalaureate degree 
 nursing program approved by the board under section 148.251 
 during the five years immediately preceding appointment, one of 
 the eight must have had at least two years executive or teaching 
 experience in an associate degree nursing program approved by 
 the board under section 148.251 during the five years 
 immediately preceding appointment, one of the eight must be 
 practicing professional nursing in a nursing home at the time of 
 appointment, one of the eight must have had at least two years 
 executive or teaching experience in a practical nursing program 
 approved by the board under section 148.251 during the five 
 years immediately preceding appointment, and one of the eight 
 must have national certification as a registered nurse 
 anesthetist, nurse practitioner, nurse midwife, or clinical 
 nurse specialist.  Four of the eight must have had at least five 
 years of experience in nursing practice or nursing 
 administration immediately preceding appointment.  Four members 
 must be licensed practical nurses, each of whom must have 
 graduated from an approved school of nursing, must be licensed 
 and currently registered as a licensed practical nurse in this 
 state, and must have had at least five years experience in 
 nursing practice immediately preceding appointment.  The 
 remaining four members must be public members as defined by 
 section 214.02. 

    A member may be reappointed but may not serve more than two 
 full terms consecutively.  The governor shall attempt to make 
 appointments to the board that reflect the geography of the 
 state.  The board members who are nurses should as a whole 
 reflect the broad mix of practice types and sites of nurses 
 practicing in Minnesota. 

    Membership terms, compensation of members, removal of 
 members, the filling of membership vacancies, and fiscal year 
 and reporting requirements are as provided in sections 214.07 to 
 214.09.  Any nurse on the board who during incumbency 
 permanently ceases to be actively engaged in the practice of 
 nursing or otherwise becomes disqualified for board membership 
 is automatically removed, and the governor shall fill the 
 vacancy.  The provision of staff, administrative services, and 
 office space; the review and processing of complaints; the 
 setting of board fees; and other provisions relating to board 
 operations are as provided in sections 148.171 to 148.285 and 
 chapter 214.  Each member of the board shall file with the 
 secretary of state the constitutional oath of office before 
 beginning the term of office. 

    Subd. 2.    Vacancies.  On expiration of the term of a 
 member who is a registered nurse, the governor may appoint a 
 registered nurse from a list of members submitted by 
 professional nursing groups.  Likewise on expiration of the term 
 of a member who is a licensed practical nurse, the governor may 
 appoint a licensed practical nurse from a list of members 
 submitted by licensed practical nursing groups.  These lists 
 should contain names of persons in number at least twice the 
 number of places to be filled.  Vacancies occurring on the 
 board, when the member is a registered nurse or a licensed 
 practical nurse, may be filled for the unexpired terms by 
 appointments to be made by the governor from nominations 
 submitted by nursing groups in the manner aforesaid or from 
 other recommendations.  Members shall hold office until a 
 successor is appointed and qualified. 

    Subd. 3.  MS 1974 Repealed, 1975 c 136 s 77 

    Subd. 3.    Disclosure.  A disciplinary hearing must be 
 closed to the public. 

    Upon application of a party in a proceeding before the 
 board under section 148.261, the board shall produce and permit 
 the inspection and copying, by or on behalf of the moving party, 
 of any designated documents or papers relevant to the 
 proceedings, in accordance with rule 34 of the Minnesota rules 
 of civil procedure. 

    HIST: 1945 c 242 s 2; 1955 c 34 s 2; 1971 c 418 s 1; 1973 c 
 638 s 14; 1975 c 136 s 10; 1975 c 360 s 1,2; 1976 c 222 s 50; 
 1976 c 239 s 55; 1981 c 94 s 1; 1986 c 444; 1989 c 194 s 4; 1993 
 c 88 s 1,2; 1993 c 105 s 1; 1993 c 366 s 1 

  148.19 Repealed, 1945 c 242 s 14 

     148.191 Officers; staff; powers. 

    Subdivision 1.    Officers; staff.  The board shall 
 elect from its members a president, a vice-president, and a 
 secretary-treasurer who shall each serve for one year or until a 
 successor is elected and qualifies.  The board shall appoint and 
 employ an executive director and may employ such persons as may 
 be necessary to carry on its work.  A majority of the board, 
 including one officer, shall constitute a quorum at any meeting. 

    Subd. 2.    Powers.  (a) The board is authorized to 
 adopt and, from time to time, revise rules not inconsistent with 
 the law, as may be necessary to enable it to carry into effect 
 the provisions of sections 148.171 to 148.285.  The board shall 
 prescribe by rule curricula and standards for schools and 
 courses preparing persons for licensure under sections 148.171 
 to 148.285.  It shall conduct or provide for surveys of such 
 schools and courses at such times as it may deem necessary.  It 
 shall approve such schools and courses as meet the requirements 
 of sections 148.171 to 148.285 and board rules.  It shall 
 examine, license, and renew the license of duly qualified 
 applicants.  It shall hold examinations at least once in each 
 year at such time and place as it may determine.  It shall by 
 rule adopt, evaluate, and periodically revise, as necessary, 
 requirements for licensure and for registration and renewal of 
 registration as defined in section 148.231.  It shall cause the 
 prosecution of all persons violating sections 148.171 to 148.285 
 and have power to incur such necessary expense therefor.  It 
 shall register public health nurses who meet educational and 
 other requirements established by the board by rule, including 
 payment of a fee.  Prior to the adoption of rules, the board 
 shall use the same procedures used by the department of health 
 to certify public health nurses.  It shall have power to issue 
 subpoenas, and to compel the attendance of witnesses and the 
 production of all necessary documents and other evidentiary 
 material.  Any board member may administer oaths to witnesses, 
 or take their affirmation.  It shall keep a record of all its 
 proceedings.  

    (b) The board shall have access to hospital, nursing home, 
 and other medical records of a patient cared for by a nurse 
 under review.  If the board does not have a written consent from 
 a patient permitting access to the patient's records, the nurse 
 or facility shall delete any data in the record that identifies 
 the patient before providing it to the board.  The board shall 
 have access to such other records as reasonably requested by the 
 board to assist the board in its investigation.  Nothing herein 
 may be construed to allow access to any records protected by 
 section 145.64.  The board shall maintain any records obtained 
 pursuant to this paragraph as investigative data under chapter 
 13. 

    Subd. 3. Repealed, 1989 c 194 s 22 

    HIST: 1945 c 242 s 3; 1955 c 847 s 13; 1975 c 136 s 12; 1975 c 
 240 s 1; 1975 c 360 s 3; 1976 c 222 s 51; 1983 c 260 s 36; 1986 
 c 444; 1989 c 194 s 5 

  148.20 Repealed, 1945 c 242 s 14 

  148.201 Repealed, 1975 c 136 s 77 

  148.21 Repealed, 1945 c 242 s 14 

     148.211 Licensing. 

    Subdivision 1.    Licensure by examination.  An 
 applicant for a license to practice as a registered nurse or 
 licensed practical nurse shall apply to the board for a license 
 by examination on forms prescribed by the board and pay a fee in 
 an amount determined by rule.  An applicant applying for 
 reexamination shall pay a fee in an amount determined by rule. 
 In no case may fees be refunded. 

    Before being scheduled for examination, the applicant shall 
 provide written evidence verified by oath that the applicant (1) 
 has not engaged in conduct warranting disciplinary action as set 
 forth in section 148.261; (2) meets secondary education 
 requirements as determined by the board and other preliminary 
 qualification requirements the board may prescribe by rule; and 
 (3) has completed a course of study in a nursing program 
 approved by the board, another United States nursing board, or a 
 Canadian province.  An applicant who graduates from a nursing 
 program in another country, except Canada, must also 
 successfully complete the Commission on Graduates of Foreign 
 Nursing Schools Qualifying Examination.  The nursing program 
 must be approved for the preparation of applicants for the type 
 of license for which the application has been submitted. 

    The applicant must pass a written examination in the 
 subjects the board may determine.  Written examination includes 
 both paper and pencil examinations and examinations administered 
 with a computer and related technology.  Each written 
 examination may be supplemented by an oral or practical 
 examination.  An applicant failing to pass the examination may 
 apply for reexamination. 

    Upon submission by the applicant of an affidavit of 
 graduation or transcript from an approved nursing program as 
 well as proof that the applicant has passed the examination, 
 paid the required fees, and met all other requirements stated in 
 this subdivision, the board shall issue a license to the 
 applicant.  The board may issue a license with conditions and 
 limitations if it considers it necessary to protect the public.  

    Subd. 2.    Licensure by endorsement.  The board shall 
 issue a license to practice professional nursing or practical 
 nursing without examination to an applicant who has been duly 
 licensed or registered as a nurse under the laws of another 
 state, territory, or country, if in the opinion of the board the 
 applicant has the qualifications equivalent to the 
 qualifications required in this state as stated in subdivision 
 1, all other laws not inconsistent with this section, and rules 
 promulgated by the board. 

    Subd. 3.  Repealed, 1976 c 222 s 209 

    Subd. 4.    Education waived.  A person who has been 
 licensed as a licensed practical nurse in another state, who has 
 passed a licensing examination acceptable to the board, and who 
 has had 24 months of experience as a licensed practical nurse in 
 the five years prior to applying for a license is not required 
 to meet any additional educational requirements. 

    Subd. 5.    Denial of license.  Refusal of an applicant 
 to supply information necessary to determine the applicant's 
 qualifications, failure to demonstrate qualifications, or 
 failure to satisfy the requirements for a license contained in 
 this section or rules of the board may result in denial of a 
 license.  The burden of proof is upon the applicant to 
 demonstrate the qualifications and satisfaction of the 
 requirements. 

    HIST: 1945 c 242 s 5; 1955 c 34 s 4; 1961 c 56 s 1; 1967 c 68 
 s 1; 1969 c 53 s 1; 1975 c 360 s 4,5; 1976 c 222 s 52,53; 1981 c 
 94 s 2; 1986 c 444; 1989 c 194 s 6; 1993 c 88 s 3 

     148.212 Temporary permit. 

    Upon receipt of the applicable licensure or reregistration 
 fee and permit fee, and in accordance with rules of the board, 
 the board may issue a nonrenewable temporary permit to practice 
 professional or practical nursing to an applicant for licensure 
 or reregistration who is not the subject of a pending 
 investigation or disciplinary action, nor disqualified for any 
 other reason, under the following circumstances: 

    (a) The applicant for licensure by examination under 
 section 148.211, subdivision 1, has graduated from an approved 
 nursing program within the 60 days preceding board receipt of an 
 affidavit of graduation or transcript and has been authorized by 
 the board to write the licensure examination for the first time 
 in the United States.  The permit holder must practice 
 professional or practical nursing under the direct supervision 
 of a registered nurse.  The permit is valid from the date of 
 issue until the date the board takes action on the application 
 or for 60 days whichever occurs first. 

    (b) The applicant for licensure by endorsement under 
 section 148.211, subdivision 2, is currently licensed to 
 practice professional or practical nursing in another state, 
 territory, or Canadian province.  The permit is valid from 
 submission of a proper request until the date of board action on 
 the application. 

    (c) The applicant for licensure by endorsement under 
 section 148.211, subdivision 2, or for reregistration under 
 section 148.231, subdivision 5, is currently registered in a 
 formal, structured refresher course or its equivalent for nurses 
 that includes clinical practice. 

    HIST: 1989 c 194 s 7; 1993 c 88 s 4 

  148.22 Repealed, 1945 c 242 s 14 

  148.221 Repealed, 1989 c 194 s 22 

  148.23 Repealed, 1945 c 242 s 14 

     148.231 Registration; failure to register; 
  reregistration; verification. 

    Subdivision 1.    Registration.  Every person licensed 
 to practice professional or practical nursing must maintain with 
 the board a current registration for practice as a registered 
 nurse or licensed practical nurse which must be renewed at 
 regular intervals established by the board by rule.  No 
 certificate of registration shall be issued by the board to a 
 nurse until the nurse has submitted satisfactory evidence of 
 compliance with the procedures and minimum requirements 
 established by the board. 

    The fee for periodic registration for practice as a nurse 
 shall be determined by the board by rule.  A penalty fee shall 
 be added for any application received after the required date as 
 specified by the board by rule.  Upon receipt of the application 
 and the required fees, the board shall verify the application 
 and the evidence of completion of continuing education 
 requirements in effect, and thereupon issue to the nurse a 
 certificate of registration for the next renewal period. 

    Subd. 2. Repealed, 1981 c 94 s 12 

    Subd. 3.  Repealed, 1976 c 222 s 209 

    Subd. 4.    Failure to register.  Any person licensed 
 under the provisions of sections 148.171 to 148.285 who fails to 
 register within the required period shall not be entitled to 
 practice nursing in this state as a registered nurse or licensed 
 practical nurse. 

    Subd. 5.    Reregistration.  A person whose registration 
 has lapsed desiring to resume practice shall make application 
 for reregistration, submit satisfactory evidence of compliance 
 with the procedures and requirements established by the board, 
 and pay the registration fee for the current period to the 
 board.  A penalty fee shall be required from a person who 
 practiced nursing without current registration.  Thereupon, the 
 registration certificate shall be issued to the person who shall 
 immediately be placed on the practicing list as a registered 
 nurse or licensed practical nurse. 

    Subd. 6.    Verification.  A person licensed under the 
 provisions of sections 148.171 to 148.285 who requests the board 
 to verify a Minnesota license to another state, territory, or 
 country or to an agency, facility, school, or institution shall 
 pay a fee to the board for each verification. 

    HIST: 1945 c 242 s 7; 1947 c 286 s 1; 1955 c 34 s 5; 1961 c 8 
 s 2; 1967 c 68 s 2; 1969 c 53 s 2,3; 1971 c 131 s 1; 1975 c 240 
 s 2; 1975 c 360 s 6,7; 1976 c 149 s 30; 1981 c 94 s 3-6; 1986 c 
 444; 1989 c 194 s 8; 1996 c 318 s 1 

     148.232 Registration of public health nurses. 

    A public health nurse certified for public health duties by 
 the commissioner of health under section 145A.06, subdivision 3, 
 or previous authority must be deemed to be registered as a 
 public health nurse under the provisions of sections 148.171 to 
 148.285. 

    HIST: 1989 c 194 s 9 

     148.234 State boundaries consideration. 

    A nurse may perform medical care procedures and techniques 
 at the direction of a physician, podiatrist, or dentist licensed 
 in another state, United States territory, or Canadian province 
 if the physician, podiatrist, or dentist gave the direction 
 after examining the patient and issued the direction in that 
 state, United States territory, or Canadian province. 

    Nothing in this section allows a nurse to perform a medical 
 procedure or technique at the direction of a physician, 
 podiatrist, or dentist that is illegal in this state. 

    HIST: 1996 c 318 s 2 

     148.235 Prescribing drugs and therapeutic devices. 

    Subdivision 1.    Nurse-midwives.  A registered nurse 
 who has graduated from a program of study designed to prepare 
 registered nurses for advanced practice as nurse-midwives and 
 who is certified through the national professional nursing 
 organization for nurse-midwives may prescribe and administer 
 drugs and therapeutic devices within practice as a nurse-midwife.

    Subd. 2.    Nurse practitioners.  A registered nurse who 
 (1) has graduated from a program of study designed to prepare 
 registered nurses for advanced practice as nurse practitioners, 
 (2) is certified through a national professional nursing 
 organization which certifies nurse practitioners and is included 
 in the list of professional nursing organizations adopted by the 
 board under section 62A.15, subdivision 3a, and (3) has a 
 written agreement with a physician based on standards 
 established by the Minnesota nurses association and the 
 Minnesota medical association that defines the delegated 
 responsibilities related to the prescription of drugs and 
 therapeutic devices, may prescribe and administer drugs and 
 therapeutic devices within the scope of the written agreement 
 and within practice as a nurse practitioner.  The written 
 agreement required under this subdivision shall be based on 
 standards established by the Minnesota nurses association and 
 the Minnesota medical association as of January 1, 1996, unless 
 both associations agree to revisions.  The written agreement 
 shall be maintained at the certified nurse practitioner's place 
 of employment and does not need to be filed with the board of 
 nursing. 

    Subd. 3.    Dispensing authority.  An advanced practice 
 nurse who is authorized under this section to prescribe drugs is 
 authorized to dispense drugs subject to the same requirements 
 established for the prescribing of drugs.  This authority to 
 dispense extends only to those drugs described in the written 
 agreement entered into under this section.  The authority to 
 dispense includes, but is not limited to, the authority to 
 receive and dispense sample drugs. 

    Subd. 4.    Clinical nurse specialists in psychiatric and 
 mental health nursing.  A registered nurse who (1) has a 
 masters degree, (2) is certified through a national professional 
 nursing organization which certifies clinical specialists in 
 psychiatric and mental health nursing and is included in the 
 list of professional nursing organizations adopted by the board 
 under section 62A.15, subdivision 3a, (3) has successfully 
 completed no less than 30 hours of formal study in the 
 prescribing of psychotropic medications and medications to treat 
 their side effects which included instruction in health 
 assessment, psychotropic classifications, psychopharmacology, 
 indications, dosages, contraindications, side effects, and 
 evidence of application, and (4) has a written agreement with a 
 psychiatrist based on standards established by the Minnesota 
 Nurses Association and the Minnesota Psychiatric Association 
 that specifies and defines the delegated responsibilities 
 related to the prescription of drugs in relationship to the 
 diagnosis, may prescribe and administer drugs used to treat 
 psychiatric and behavioral disorders and the side effects of 
 those drugs within the scope of the written agreement and within 
 practice as a clinical specialist in psychiatric and mental 
 health nursing.  The written agreement required under this 
 subdivision shall be based on standards established by the 
 Minnesota Nurses Association and the Minnesota Psychiatric 
 Association as of January 1, 1996, unless both associations 
 agree to revisions.  The written agreement shall be maintained 
 at the certified clinical nurse specialist's place of employment 
 and does not need to be filed with the board of nursing. 

    Nothing in this subdivision removes or limits the legal 
 professional liability of the treating psychiatrist, clinical 
 nurse specialist, mental health clinic or hospital for the 
 prescription and administration of drugs by a clinical 
 specialist in accordance with this subdivision. 

    Subd. 5.    Rules.  (a) The board shall promulgate rules 
 to provide for the following: 

    (1) a system of identifying advanced practice nurses 
 eligible to prescribe drugs as authorized under this section; 

    (2) a system of transmitting to pharmacists the identity of 
 advanced practice nurses eligible to prescribe drugs; and 

    (3) a fee to nurse practitioners and certified clinical 
 specialists in psychiatric and mental health nursing who seek 
 prescribing authority. 

    (b) The repeal of subdivision 2, paragraph (b), does not 
 automatically repeal rules adopted under that paragraph. 

    Subd. 6.    Standards for written agreements; review and 
 filing.  Written agreements required by subdivisions 2 and 4 
 shall be maintained at the primary practice site of the nurse 
 practitioner, clinical specialist in psychiatric and mental 
 health nursing, and the collaborating physician.  The written 
 agreement does not need to be filed with the board of nursing, 
 provided that the information required to be filed with the 
 board, either on initial application for prescribing privileges 
 or on renewal of privileges, has been submitted. 

    HIST: 1990 c 483 s 2; 1993 c 337 s 10; 1994 c 389 s 2; 1994 c 
 470 s 1-3; 1996 c 446 art 1 s 67,68; 1996 c 451 art 6 s 1; 1997 
 c 7 art 1 s 77 

   148.236 Repealed, 1995 c 212 art 3 s 60; 1995 c 234 art 8 
  s 57 

  148.24 Repealed, 1945 c 242 s 14 

     148.241 Expenses. 

    Subdivision 1.    Appropriation.  The expenses of 
 administering sections 148.171 to 148.285 shall be paid from the 
 appropriation made to the Minnesota board of nursing. 

    Subd. 2.    Expenditure.  All amounts appropriated to 
 the board shall be held subject to the order of the board to be 
 used only for the purpose of meeting necessary expenses incurred 
 in the performance of the purposes of sections 148.171 to 
 148.285, and the duties imposed thereby as well as the promotion 
 of nursing education and standards of nursing care in this state.

    HIST: 1945 c 242 s 8; 1955 c 34 s 3; 1973 c 638 s 16; 1976 c 
 222 s 54; 1989 c 194 s 10 

  148.25 Repealed, 1945 c 242 s 14 

     148.251 Nursing program. 

    Subdivision 1.    Initial approval.  An institution 
 desiring to conduct a nursing program shall apply to the board 
 and submit evidence that: 

    (1) It is prepared to provide a program of theory and 
 practice in professional or practical nursing that meets the 
 program approval standards adopted by the board.  Instruction 
 and required experience may be obtained in one or more 
 institutions or agencies outside the applying institution as 
 long as the nursing program retains accountability for all 
 clinical and nonclinical teaching.  

    (2) It is prepared to meet other standards established by 
 law and by the board.  

    Subd. 2. Repealed, 1989 c 194 s 22 

    Subd. 3.    Continuing approval.  From time to time as 
 deemed necessary by the board, it shall be the duty of the 
 board, through its representatives, to survey all nursing 
 programs in the state.  If the results of the survey show that a 
 nursing program meets all board rules, the board shall continue 
 approval of the nursing program.  

    Subd. 4.    Loss of approval.  If the board determines 
 that an approved nursing program is not maintaining the 
 standards required by the statutes and board rules, notice 
 thereof in writing specifying the defect shall be given to the 
 program.  If a program fails to correct these conditions to the 
 satisfaction of the board within a reasonable time, approval of 
 the program shall be revoked and the program shall be removed 
 from the list of approved nursing programs.  

    Subd. 5.    Reinstatement of approval.  The board shall 
 reinstate approval of a nursing program upon submission of 
 satisfactory evidence that its program of theory and practice 
 meets the standards required by statutes and board rules. 

    Subd. 6.    Advanced standing.  Associate degree nursing 
 programs approved or seeking to be approved by the board shall 
 provide for advanced standing for licensed practical nurses in 
 recognition of their nursing education and experience.  

    HIST: 1945 c 242 s 9; 1961 c 56 s 2; 1975 c 360 s 8; 1981 c 94 
 s 7; 1989 c 194 s 11 

  148.26 Repealed, 1945 c 242 s 14 

     148.261 Grounds for disciplinary action. 

    Subdivision 1.    Grounds listed.  The board may deny, 
 revoke, suspend, limit, or condition the license and 
 registration of any person to practice professional or practical 
 nursing under sections 148.171 to 148.285, or to otherwise 
 discipline a licensee or applicant as described in section 
 148.262.  The following are grounds for disciplinary action: 

    (1) Failure to demonstrate the qualifications or satisfy 
 the requirements for a license contained in sections 148.171 to 
 148.285 or rules of the board.  In the case of a person applying 
 for a license, the burden of proof is upon the applicant to 
 demonstrate the qualifications or satisfaction of the 
 requirements. 

    (2) Employing fraud or deceit in procuring or attempting to 
 procure a permit, license, or registration certificate to 
 practice professional or practical nursing or attempting to 
 subvert the licensing examination process.  Conduct that 
 subverts or attempts to subvert the licensing examination 
 process includes, but is not limited to:  

    (i) conduct that violates the security of the examination 
 materials, such as removing examination materials from the 
 examination room or having unauthorized possession of any 
 portion of a future, current, or previously administered 
 licensing examination; 

    (ii) conduct that violates the standard of test 
 administration, such as communicating with another examinee 
 during administration of the examination, copying another 
 examinee's answers, permitting another examinee to copy one's 
 answers, or possessing unauthorized materials; or 

    (iii) impersonating an examinee or permitting an 
 impersonator to take the examination on one's own behalf. 

    (3) Conviction during the previous five years of a felony 
 or gross misdemeanor reasonably related to the practice of 
 professional or practical nursing.  Conviction as used in this 
 subdivision includes a conviction of an offense that if 
 committed in this state would be considered a felony or gross 
 misdemeanor without regard to its designation elsewhere, or a 
 criminal proceeding where a finding or verdict of guilt is made 
 or returned but the adjudication of guilt is either withheld or 
 not entered. 

    (4) Revocation, suspension, limitation, conditioning, or 
 other disciplinary action against the person's professional or 
 practical nursing license in another state, territory, or 
 country; failure to report to the board that charges regarding 
 the person's nursing license are pending in another state, 
 territory, or country; or having been refused a license by 
 another state, territory, or country. 

    (5) Failure to or inability to perform professional or 
 practical nursing as defined in section 148.171, paragraph (3) 
 or (5), with reasonable skill and safety, including failure of a 
 registered nurse to supervise or a licensed practical nurse to 
 monitor adequately the performance of acts by any person working 
 at the nurse's direction. 

    (6) Engaging in unprofessional conduct, including, but not 
 limited to, a departure from or failure to conform to board 
 rules of professional or practical nursing practice that 
 interpret the statutory definition of professional or practical 
 nursing as well as provide criteria for violations of the 
 statutes, or, if no rule exists, to the minimal standards of 
 acceptable and prevailing professional or practical nursing 
 practice, or any nursing practice that may create unnecessary 
 danger to a patient's life, health, or safety.  Actual injury to 
 a patient need not be established under this clause.  

    (7) Delegating or accepting the delegation of a nursing 
 function or a prescribed health care function when the 
 delegation or acceptance could reasonably be expected to result 
 in unsafe or ineffective patient care. 

    (8) Actual or potential inability to practice nursing with 
 reasonable skill and safety to patients by reason of illness, 
 use of alcohol, drugs, chemicals, or any other material, or as a 
 result of any mental or physical condition.  

    (9) Adjudication as mentally incompetent, mentally ill, a 
 chemically dependent person, or a person dangerous to the public 
 by a court of competent jurisdiction, within or without this 
 state.  

    (10) Engaging in any unethical conduct, including, but not 
 limited to, conduct likely to deceive, defraud, or harm the 
 public, or demonstrating a willful or careless disregard for the 
 health, welfare, or safety of a patient.  Actual injury need not 
 be established under this clause.  

    (11) Engaging in conduct with a patient that is sexual or 
 may reasonably be interpreted by the patient as sexual, or in 
 any verbal behavior that is seductive or sexually demeaning to a 
 patient, or engaging in sexual exploitation of a patient or 
 former patient.  

    (12) Obtaining money, property, or services from a patient, 
 other than reasonable fees for services provided to the patient, 
 through the use of undue influence, harassment, duress, 
 deception, or fraud. 

    (13) Revealing a privileged communication from or relating 
 to a patient except when otherwise required or permitted by law. 

    (14) Engaging in abusive or fraudulent billing practices, 
 including violations of federal Medicare and Medicaid laws or 
 state medical assistance laws. 

    (15) Improper management of patient records, including 
 failure to maintain adequate patient records, to comply with a 
 patient's request made pursuant to section 144.335, or to 
 furnish a patient record or report required by law.  

    (16) Knowingly aiding, assisting, advising, or allowing an 
 unlicensed person to engage in the unlawful practice of 
 professional or practical nursing.  

    (17) Violating a rule adopted by the board, an order of the 
 board, or a state or federal law relating to the practice of 
 professional or practical nursing, or a state or federal 
 narcotics or controlled substance law. 

    (18) Knowingly providing false or misleading information 
 that is directly related to the care of that patient unless done 
 for an accepted therapeutic purpose such as the administration 
 of a placebo. 

    (19) Aiding suicide or aiding attempted suicide in 
 violation of section 609.215 as established by any of the 
 following: 

    (i) a copy of the record of criminal conviction or plea of 
 guilty for a felony in violation of section 609.215, subdivision 
 1 or 2; 

    (ii) a copy of the record of a judgment of contempt of 
 court for violating an injunction issued under section 609.215, 
 subdivision 4; 

    (iii) a copy of the record of a judgment assessing damages 
 under section 609.215, subdivision 5; or 

    (iv) a finding by the board that the person violated 
 section 609.215, subdivision 1 or 2.  The board shall 
 investigate any complaint of a violation of section 609.215, 
 subdivision 1 or 2. 

    (20) Practicing outside the scope of practice authorized by 
 section 148.171, paragraph (3) or (5). 

    (21) Making a false statement or knowingly providing false 
 information to the board, failing to make reports as required by 
 section 148.263, or failing to cooperate with an investigation 
 of the board as required by section 148.265. 

    (22) Engaging in false, fraudulent, deceptive, or 
 misleading advertising.  

    Subd. 2.  Repealed, 1976 c 222 s 209 

    Subd. 3. Repealed, 1989 c 194 s 22 

    Subd. 4.    Evidence.  In disciplinary actions alleging 
 a violation of subdivision 1, clause (3) or (4), a copy of the 
 judgment or proceeding under the seal of the court administrator 
 or of the administrative agency that entered the same shall be 
 admissible into evidence without further authentication and 
 shall constitute prima facie evidence of the violation concerned.

    Subd. 5.    Examination; access to medical data.  The 
 board may take the following actions if it has probable cause to 
 believe that grounds for disciplinary action exist under 
 subdivision 1, clause (8) or (9): 

    (a) It may direct the applicant or nurse to submit to a 
 mental or physical examination or chemical dependency 
 evaluation.  For the purpose of this subdivision, when a nurse 
 licensed under sections 148.171 to 148.285 is directed in 
 writing by the board to submit to a mental or physical 
 examination or chemical dependency evaluation, that person is 
 considered to have consented and to have waived all objections 
 to admissibility on the grounds of privilege.  Failure of the 
 applicant or nurse to submit to an examination when directed 
 constitutes an admission of the allegations against the 
 applicant or nurse, unless the failure was due to circumstances 
 beyond the person's control, and the board may enter a default 
 and final order without taking testimony or allowing evidence to 
 be presented.  A nurse affected under this paragraph shall, at 
 reasonable intervals, be given an opportunity to demonstrate 
 that the competent practice of professional or practical nursing 
 can be resumed with reasonable skill and safety to patients.  
 Neither the record of proceedings nor the orders entered by the 
 board in a proceeding under this paragraph, may be used against 
 a nurse in any other proceeding. 

    (b) It may, notwithstanding sections 13.42, 144.651, 
 595.02, or any other law limiting access to medical or other 
 health data, obtain medical data and health records relating to 
 a registered nurse, licensed practical nurse, or applicant for a 
 license without that person's consent.  The medical data may be 
 requested from a provider, as defined in section 144.335, 
 subdivision 1, paragraph (b), an insurance company, or a 
 government agency, including the department of human services.  
 A provider, insurance company, or government agency shall comply 
 with any written request of the board under this subdivision and 
 is not liable in any action for damages for releasing the data 
 requested by the board if the data are released pursuant to a 
 written request under this subdivision unless the information is 
 false and the provider giving the information knew, or had 
 reason to believe, the information was false.  Information 
 obtained under this subdivision is classified as private data on 
 individuals as defined in section 13.02.  

    HIST: 1945 c 242 s 10; 1975 c 360 s 9; 1976 c 222 s 55; 1986 c 
 444; 1989 c 194 s 12; 1992 c 464 art 1 s 56; 1992 c 559 art 1 s 
 4; 1992 c 577 s 3; 1993 c 88 s 5 

     148.262 Forms of disciplinary action; automatic 
  suspension; temporary suspension; reissuance. 

    Subdivision 1.    Forms of disciplinary action.  When 
 the board finds that grounds for disciplinary action exist under 
 section 148.261, subdivision 1, it may take one or more of the 
 following actions:  

    (1) deny the license, registration, or registration 
 renewal; 

    (2) revoke the license; 

    (3) suspend the license; 

    (4) impose limitations on the nurse's practice of 
 professional or practical nursing including, but not limited to, 
 limitation of scope of practice or the requirement of practice 
 under supervision; 

    (5) impose conditions on the retention of the license 
 including, but not limited to, the imposition of retraining or 
 rehabilitation requirements or the conditioning of continued 
 practice on demonstration of knowledge or skills by appropriate 
 examination, monitoring, or other review; 

    (6) impose a civil penalty not exceeding $10,000 for each 
 separate violation, the amount of the civil penalty to be fixed 
 as to deprive the nurse of any economic advantage gained by 
 reason of the violation charged, to reimburse the board for the 
 cost of counsel, investigation, and proceeding, and to 
 discourage repeated violations; 

    (7) order the nurse to provide unremunerated service; 

    (8) censure or reprimand the nurse; or 

    (9) any other action justified by the facts in the case. 

    Subd. 2.    Automatic suspension.  Unless the board 
 orders otherwise, a license to practice professional or 
 practical nursing is automatically suspended if:  

    (1) a guardian of a nurse is appointed by order of a court 
 under sections 525.54 to 525.61; 

    (2) the nurse is committed by order of a court under 
 chapter 253B; or 

    (3) the nurse is determined to be mentally incompetent, 
 mentally ill, chemically dependent, or a person dangerous to the 
 public by a court of competent jurisdiction within or without 
 this state.  

    The license remains suspended until the nurse is restored 
 to capacity by a court and, upon petition by the nurse, the 
 suspension is terminated by the board after a hearing or upon 
 agreement between the board and the nurse. 

    Subd. 3.    Temporary suspension of license.  In 
 addition to any other remedy provided by law, the board may, 
 through its designated board member under section 214.10, 
 subdivision 2, temporarily suspend the license of a nurse 
 without a hearing if the board finds that there is probable 
 cause to believe the nurse has violated a statute or rule the 
 board is empowered to enforce and continued practice by the 
 nurse would create a serious risk of harm to others.  The 
 suspension shall take effect upon written notice to the nurse, 
 served by first-class mail, specifying the statute or rule 
 violated.  The suspension shall remain in effect until the board 
 issues a temporary stay of suspension or a final order in the 
 matter after a hearing or upon agreement between the board and 
 the nurse.  At the time it issues the suspension notice, the 
 board shall schedule a disciplinary hearing to be held under the 
 Administrative Procedure Act.  The nurse shall be provided with 
 at least 20 days' notice of any hearing held under this 
 subdivision.  The hearing shall be scheduled to begin no later 
 than 30 days after the issuance of the suspension order. 

    Subd. 4.    Reissuance.  The board may reinstate and 
 reissue a license or registration certificate to practice 
 professional or practical nursing, but as a condition may impose 
 any disciplinary or corrective measure that it might originally 
 have imposed.  Any person whose license or registration has been 
 revoked, suspended, or limited may have the license reinstated 
 and a new registration issued when, in the discretion of the 
 board, the action is warranted, provided that the person shall 
 be required by the board to pay the costs of the proceedings 
 resulting in the revocation, suspension, or limitation of the 
 license or registration certificate and reinstatement of the 
 license or registration certificate, and to pay the fee for the 
 current registration period.  The cost of proceedings shall 
 include, but not be limited to, the cost paid by the board to 
 the office of administrative hearings and the office of the 
 attorney general for legal and investigative services, the costs 
 of a court reporter and witnesses, reproduction of records, 
 board staff time, travel, and expenses, and board members' per 
 diem reimbursements, travel costs, and expenses.  

    HIST: 1989 c 194 s 13; 1Sp1994 c 1 art 2 s 8 

     148.263 Reporting obligations. 

    Subdivision 1.    Permission to report.  A person who 
 has knowledge of any conduct constituting grounds for discipline 
 under sections 148.171 to 148.285 may report the alleged 
 violation to the board. 

    Subd. 2.    Institutions.  The chief nursing executive 
 or chief administrative officer of any hospital, clinic, prepaid 
 medical plan, or other health care institution or organization 
 located in this state shall report to the board any action taken 
 by the institution or organization or any of its administrators 
 or committees to revoke, suspend, limit, or condition a nurse's 
 privilege to practice in the institution, or as part of the 
 organization, any denial of privileges, any dismissal from 
 employment, or any other disciplinary action.  The institution 
 or organization shall also report the resignation of any nurse 
 before the conclusion of any disciplinary proceeding, or before 
 commencement of formal charges, but after the nurse had 
 knowledge that formal charges were contemplated or in 
 preparation.  The reporting described by this subdivision is 
 required only if the action pertains to grounds for disciplinary 
 action under section 148.261. 

    Subd. 3.    Licensed professionals.  A person licensed 
 by a health-related licensing board as defined in section 
 214.01, subdivision 2, shall report to the board personal 
 knowledge of any conduct the person reasonably believes 
 constitutes grounds for disciplinary action under sections 
 148.171 to 148.285 by any nurse including conduct indicating 
 that the nurse may be incompetent, may have engaged in 
 unprofessional or unethical conduct, or may be mentally or 
 physically unable to engage safely in the practice of 
 professional or practical nursing. 

    Subd. 4.    Insurers.  Four times each year, by the 
 first day of February, May, August, and November, each insurer 
 authorized to sell insurance described in section 60A.06, 
 subdivision 1, clause (13), and providing professional liability 
 insurance to registered nurses or licensed practical nurses 
 shall submit to the board a report concerning any nurse against 
 whom a malpractice award has been made or who has been a party 
 to a settlement.  The report must contain at least the following 
 information: 

    (1) the total number of settlements or awards; 

    (2) the date settlement or award was made; 

    (3) the allegations contained in the claim or complaint 
 leading to the settlement or award; 

    (4) the dollar amount of each malpractice settlement or 
 award and whether that amount was paid as a result of a 
 settlement or of an award; and 

    (5) the name and address of the practice of the nurse 
 against whom an award was made or with whom a settlement was 
 made. 

    An insurer shall also report to the board any information 
 it possesses that tends to substantiate a charge that a nurse 
 may have engaged in conduct violating sections 148.171 to 
 148.285. 

    Subd. 5.    Courts.  The court administrator of district 
 court or another court of competent jurisdiction shall report to 
 the board any judgment or other determination of the court that 
 adjudges or includes a finding that a nurse is mentally ill, 
 mentally incompetent, chemically dependent, a person dangerous 
 to the public, guilty of a felony or gross misdemeanor, guilty 
 of a violation of federal or state narcotics laws or controlled 
 substances act, guilty of operating a motor vehicle while under 
 the influence of alcohol or a controlled substance, or guilty of 
 an abuse or fraud under Medicare or Medicaid, appoints a 
 guardian of the nurse under sections 525.54 to 525.61, or 
 commits a nurse under chapter 253B. 

    Subd. 6.    Deadlines; forms.  Reports required by 
 subdivisions 2 to 5 must be submitted no later than 30 days 
 after the occurrence of the reportable event or transaction.  
 The board may provide forms for the submission of reports 
 required by this section, may require that the reports be 
 submitted on the forms provided, and may adopt rules necessary 
 to assure prompt and accurate reporting.  The board shall review 
 all reports, including those submitted after the deadline. 

    HIST: 1989 c 194 s 14; 1Sp1994 c 1 art 2 s 9 

     148.264 Immunity. 

    Subdivision 1.    Reporting.  Any person, health care 
 facility, business, or organization is immune from civil 
 liability or criminal prosecution for submitting in good faith a 
 report to the board under section 148.263 or for otherwise 
 reporting in good faith to the board violations or alleged 
 violations of sections 148.171 to 148.285.  All such reports are 
 investigative data as defined in chapter 13.  

    Subd. 2.    Investigation.  Members of the board and 
 persons employed by the board or engaged in the investigation of 
 violations and in the preparation and management of charges of 
 violations of sections 148.171 to 148.285 on behalf of the board 
 or persons participating in the investigation or testifying 
 regarding charges of violations are immune from civil liability 
 and criminal prosecution for any actions, transactions, or 
 publications in the execution of, or relating to, their duties 
 under sections 148.171 to 148.285. 

    HIST: 1989 c 194 s 15 

     148.265 Nurse cooperation. 

    A nurse who is the subject of an investigation by or on 
 behalf of the board shall cooperate fully with the investigation.
 Cooperation includes responding fully and promptly to any 
 question raised by or on behalf of the board relating to the 
 subject of the investigation and providing copies of patient or 
 other records in the nurse's possession, as reasonably requested 
 by the board, to assist the board in its investigation and to 
 appear at conferences and hearings scheduled by the board.  The 
 board shall pay for copies requested.  If the board does not 
 have a written consent from a patient permitting access to the 
 patient's records, the nurse shall delete any data in the record 
 that identify the patient before providing it to the board.  The 
 board shall maintain any records obtained pursuant to this 
 section as investigative data under chapter 13.  The nurse shall 
 not be excused from giving testimony or producing any documents, 
 books, records, or correspondence on the grounds of 
 self-incrimination, but the testimony or evidence may not be 
 used against the nurse in any criminal case. 

    HIST: 1989 c 194 s 16 

     148.266 Disciplinary record on judicial review. 

    Upon judicial review of any board disciplinary action taken 
 under sections 148.171 to 148.285, the reviewing court shall 
 seal the administrative record, except for the board's final 
 decision, and shall not make the administrative record available 
 to the public. 

    HIST: 1989 c 194 s 17 

  148.27 Repealed, 1945 c 242 s 14 

     148.271 Exemptions. 

    The provisions of sections 148.171 to 148.285 shall not 
 prohibit: 

    (1) The furnishing of nursing assistance in an emergency. 

    (2) The practice of professional or practical nursing by 
 any legally qualified registered or licensed practical nurse of 
 another state who is employed by the United States government or 
 any bureau, division, or agency thereof while in the discharge 
 of official duties. 

    (3) The practice of any profession or occupation licensed 
 by the state, other than professional or practical nursing, by 
 any person duly licensed to practice the profession or 
 occupation, or the performance by a person of any acts properly 
 coming within the scope of the profession, occupation, or 
 license. 

    (4) The provision of a nursing or nursing-related service 
 by a nursing assistant who has been delegated the specific 
 function and is supervised by a registered nurse or monitored by 
 a licensed practical nurse. 

    (5) The care of the sick with or without compensation when 
 done in a nursing home covered by the provisions of section 
 144A.09, subdivision 1. 

    (6) Professional nursing practice by a registered nurse or 
 practical nursing practice by a licensed practical nurse 
 licensed in another state or territory who is in Minnesota as a 
 student enrolled in a formal, structured course of study, such 
 as a course leading to a higher degree, certification in a 
 nursing specialty, or to enhance skills in a clinical field, 
 while the student is practicing in the course. 

    (7) Professional or practical nursing practice by a student 
 practicing under the supervision of an instructor while the 
 student is enrolled in a nursing program approved by the board 
 under section 148.251. 

    HIST: 1945 c 242 s 11; 1959 c 140 s 2; 1975 c 360 s 10; 1977 c 
 256 s 1; 1981 c 94 s 8; 1986 c 444; 1989 c 194 s 18 

  148.272 Repealed, 1989 c 194 s 22 

  148.28 Repealed, 1945 c 242 s 14 

     148.281 Violations; penalty. 

    Subdivision 1.    Violations described.  It shall be 
 unlawful for any person, corporation, or association, to: 

    (1) Sell or fraudulently obtain or furnish any nursing 
 diploma, license or record, or aid or abet therein; 

    (2) Practice professional or practical nursing or practice 
 as a public health nurse under cover of any diploma, permit, 
 license, registration certificate, or record illegally or 
 fraudulently obtained or signed or issued unlawfully or under 
 fraudulent representation; 

    (3) Practice professional or practical nursing unless the 
 person has been issued a temporary permit under the provisions 
 of section 148.212 or is duly licensed and currently registered 
 to do so under the provisions of sections 148.171 to 148.285; 

    (4) Use any abbreviation or other designation tending to 
 imply licensure as a registered nurse or licensed practical 
 nurse unless duly licensed and currently registered so to 
 practice professional or practical nursing under the provisions 
 of sections 148.171 to 148.285 except as authorized by the board 
 by rule; 

    (5) Use any abbreviation or other designation tending to 
 imply registration as a public health nurse unless duly 
 registered by the board; 

    (6) Practice professional or practical nursing in a manner 
 prohibited by the board in any limitation of a license or 
 registration issued under the provisions of sections 148.171 to 
 148.285; 

    (7) Practice professional or practical nursing during the 
 time a license or current registration issued under the 
 provisions of sections 148.171 to 148.285 shall be suspended or 
 revoked; 

    (8) Conduct a nursing program for the education of persons 
 to become registered nurses or licensed practical nurses unless 
 the program has been approved by the board; and 

    (9) Knowingly employ persons in the practice of 
 professional or practical nursing who have not been issued a 
 current permit, license, or registration certificate to practice 
 as a nurse in this state.  

    Subd. 1a. Repealed, 1989 c 194 s 22 

    Subd. 2.    Penalty.  Any person, corporation, or 
 association violating any provisions of subdivision 1 shall be 
 guilty of a gross misdemeanor, and shall be punished according 
 to law. 

    HIST: 1945 c 242 s 12,13; 1959 c 140 s 4; 1975 c 360 s 11; 
 1977 c 256 s 2; 1986 c 444; 1989 c 194 s 19 

  148.282 Repealed, 1975 c 360 s 25 

     148.283 Unauthorized practice of professional and 
  practical nursing. 

    The practice of professional or practical nursing by any 
 person who has not been licensed to practice professional or 
 practical nursing under the provisions of sections 148.171 to 
 148.285, or whose license has been suspended or revoked, or 
 whose registration has expired, is hereby declared to be 
 inimical to the public health and welfare and to constitute a 
 public nuisance.  Upon complaint being made thereof by the 
 board, or any prosecuting officer, and upon a proper showing of 
 the facts, the district court of the county where such practice 
 occurred may enjoin such acts and practice.  Such injunction 
 proceeding shall be in addition to, and not in lieu of, all 
 other penalties and remedies provided by law.  

    HIST: 1959 c 140 s 6; 1989 c 194 s 20 

     148.285 Transfer of assets.  

    All moneys, property, and property rights belonging to and 
 under the control of the board of examiners, are hereby 
 transferred and appropriated to the control and use of the board 
 hereunder and the purpose provided herein.  

    HIST: 1945 c 242 s 14 

  148.286 Repealed, 1989 c 194 s 22 

  148.29 Repealed, 1989 c 194 s 22 

  148.291 Repealed, 1989 c 194 s 22 

  148.292 Repealed, 1989 c 194 s 22 

  148.293 Repealed, 1989 c 194 s 22 

  148.294 Repealed, 1989 c 194 s 22 

   148.295 MS 1953 Renumbered 120.44 

  148.295 Repealed, 1989 c 194 s 22 

  148.296 Repealed, 1989 c 194 s 22 

  148.297 Repealed, 1989 c 194 s 22 

  148.298 Repealed, 1989 c 194 s 22 

  148.299 Repealed, 1989 c 194 s 22 

     148.30 Midwifery.  

    Within the meaning of sections 148.30 to 148.32, a person 
 who shall publicly profess to be a midwife or who, for a fee, 
 shall attend to women in childbirth, shall be regarded as 
 practicing midwifery.  Nothing in sections 148.30 to 148.32 
 shall apply to gratuitous emergency services or to authorized 
 medical practitioners.  

    HIST: (5721) RL s 2301 

     148.31 Licenses. 

    A person desiring to practice midwifery in this state, if 
 not already authorized so to do, shall apply to the state board 
 of medical practice for a license.  This license shall be 
 granted upon the production of a diploma from a school of 
 midwifery recognized by the board, or after examination of the 
 applicant and compliance with other requirements that the board 
 may reasonably impose for the protection of the public.  The 
 board is authorized to adopt rules as may be necessary to carry 
 out the purposes of sections 148.30 to 148.32.  The board may 
 delegate to another unit of state government with that unit's 
 consent, all or part of a study to determine the appropriate 
 level of regulation of midwives and the content for any 
 administrative rule deemed appropriate by the board. 

    HIST: (5722) RL s 2302; 1991 c 106 s 5,6 

     148.32 Licenses; denial, revocation, refusal. 

    All licenses to practice midwifery heretofore or hereafter 
 issued by the board of medical practice must be renewed and a 
 fee paid for each renewal as set by the board.  Licenses may be 
 revoked, suspended, conditioned, limited, qualified or 
 restricted, or renewals refused by the board for unprofessional 
 or dishonorable conduct, or neglect to make proper returns to 
 agents of a board of health as authorized under section 145A.04 
 of births, deaths, puerperal fever, and other contagious 
 diseases. 

    A license to practice midwifery is suspended if (1) a 
 guardian of the person of a licensee is appointed by order of a 
 court pursuant to sections 525.54 to 525.61, for reasons other 
 than the minority of the licensee; or (2) the licensee is 
 committed by order of a court pursuant to chapter 253B.  The 
 license remains suspended until the licensee is restored to 
 capacity by a court and, upon petition by the licensee, the 
 suspension is terminated by the board after a hearing. 

    HIST: (5723) RL s 2303; 1967 c 118 s 1; 1969 c 927 s 5; 1976 c 
 222 s 60; 1982 c 581 s 24; 1987 c 309 s 24; 1987 c 384 art 2 s 
 1; 1991 c 106 s 6; 1Sp1994 c 1 art 2 s 10 

  148.33 Repealed, 1974 c 62 s 4 

  148.34 Repealed, 1974 c 62 s 4 

  148.35 Repealed, 1974 c 62 s 4 

  148.36 Repealed, 1974 c 62 s 4 

  148.37 Repealed, 1974 c 62 s 4 

  148.38 Repealed, 1967 c 845 s 14 

  148.39 Repealed, 1967 c 845 s 14 

  148.40 Repealed, 1967 c 845 s 14 

  148.41 Repealed, 1974 c 62 s 4 

  148.42 Repealed, 1967 c 845 s 14 

  148.43 Repealed, 1974 c 62 s 4 

  148.44 Repealed, 1967 c 845 s 14 

  148.45 Repealed, 1974 c 62 s 4 

  148.46 Repealed, 1974 c 62 s 4 

  148.47 Repealed, 1974 c 62 s 4; 1974 c 224 s 6 

  148.48 Repealed, 1974 c 62 s 4 

  148.51 Repealed, 1974 c 62 s 4 

   148.511 Speech-language pathologists and audiologists. 

    Sections 148.511 to 148.5196 apply only to persons who are 
 applicants for registration, who are registered, who use 
 protected titles, or who represent that they are registered.  
 Sections 148.511 to 148.5196 do not apply to school personnel 
 licensed by the board of teaching under Minnesota Rules, part 
 8700.5505, provided that school personnel practicing within the 
 scope of their licensed occupation preface titles protected 
 under section 148.513 with the words "school" or "educational." 

    HIST: 1996 c 363 s 1 

     148.512 Definitions. 

    Subdivision 1.    Scope.  For the purpose of sections 
 148.511 to 148.5196, the following terms have the meanings given 
 to them. 

    Subd. 2.    Accredited educational institution.  
 "Accredited educational institution" means a university, 
 college, or other post-secondary educational institution that 
 offers speech-language pathology or audiology training and that 
 is accredited by the American Speech-Language-Hearing 
 Association or the National Council for Accreditation of Teacher 
 Education.  

    Subd. 3.    Advisory council.  "Advisory council" means 
 the Minnesota Speech-Language Pathologist and Audiologist 
 Advisory Council established under section 214.13, subdivision 4.

    Subd. 4.    Applicant.  "Applicant" means a person who 
 applies to the commissioner for registration or registration 
 renewal.  

    Subd. 5.    Approved continuing education sponsor.  
 "Approved continuing education sponsor" means an organization 
 that offers a learning experience designed to promote continuing 
 competency in the procedures and techniques of the practice of 
 speech-language pathology or audiology and that meets the 
 criteria in section 148.5193, subdivision 3, or is a preapproved 
 sponsor listed in section 148.5193, subdivision 2. 

    Subd. 6.    Audiologist.  "Audiologist" means a natural 
 person who engages in the practice of audiology, meets the 
 qualifications required by sections 148.511 to 148.5196, and 
 registers as an audiologist with the commissioner.  Audiologist 
 also means a natural person using any descriptive word with the 
 title audiologist.  

    Subd. 7.    Commissioner.  "Commissioner" means the 
 commissioner of the department of health or a designee.  

    Subd. 8.    Contact hour.  "Contact hour" means an 
 instructional session of 50 consecutive minutes, excluding 
 coffee breaks, registration, meals without a speaker, and social 
 activities.  

    Subd. 9.    Continuing education.  "Continuing 
 education" is a planned learning experience in speech-language 
 pathology or audiology not including the basic educational 
 program leading to a degree if the education is used by the 
 registrant for credit to achieve a baccalaureate or master's 
 degree in speech-language pathology or audiology.  

    Subd. 10.    Credential.  "Credential" means a license, 
 permit, certification, registration, or other evidence of 
 qualification or authorization to engage in the practice of 
 speech-language pathology or audiology issued by any authority.  

    Subd. 11.    Individual.  "Individual" means a person 
 over whom the commissioner has jurisdiction under sections 
 148.511 to 148.5196.  Individual includes an applicant, 
 registrant, or person who uses any title protected under section 
 148.513, whether or not authorized to do so under sections 
 148.511 to 148.5196.  

    Subd. 12.    Practice of audiology.  The "practice of 
 audiology" means:  

    (1) screening, identification, assessment, and 
 interpretation, diagnosis, rehabilitation, and prevention of 
 hearing disorders; 

    (2) conservation of the auditory system function; 
 development and implementation of hearing conservation programs; 

    (3) measurement, assessment, and interpretation of auditory 
 and vestibular function; 

    (4) selecting, fitting, and dispensing of assistive 
 listening devices, alerting and amplification devices, and 
 systems for personal and public use, including hearing aids and 
 devices, and providing training in their use; 

    (5) aural habilitation and rehabilitation and related 
 counseling for hearing impaired individuals and their families; 

    (6) screening of speech, language, voice, or fluency for 
 the purposes of audiologic evaluation or identification of 
 possible communication disorders; or 

    (7) teaching of, consultation or research about, or 
 supervision of the functions in clauses (1) to (6).  

    Subd. 13.    Practice of speech-language pathology.  The 
 "practice of speech-language pathology" means:  

    (1) screening, identification, assessment and 
 interpretation, diagnosis, habilitation, rehabilitation, 
 treatment and prevention of disorders of speech, articulation, 
 fluency, voice, and language; 

    (2) screening, identification, assessment, and 
 interpretation, diagnosis, habilitation, and rehabilitation of 
 disorders of oral-pharyngeal function and related disorders; 

    (3) screening, identification, assessment, and 
 interpretation, diagnosis, habilitation, and rehabilitation of 
 communication disorders associated with cognition; 

    (4) assessing, selecting, and developing augmentative and 
 alternative communication systems and providing training in 
 their use; 

    (5) aural habilitation and rehabilitation and related 
 counseling for hearing impaired individuals and their families; 

    (6) enhancing speech-language proficiency and communication 
 effectiveness; 

    (7) audiometric screening for the purposes of 
 speech-language evaluation or for the identification of possible 
 hearing disorders; or 

    (8) teaching of, consultation or research about, or 
 supervision of the functions in clauses (1) to (7). 

    Subd. 14.    Register or registered.  "Register" or 
 "registered" means the act or status of a natural person who 
 meets the requirements of sections 148.511 to 148.5196 and who 
 is authorized by the commissioner to use the titles in section 
 148.513.  

    Subd. 15.    Registrant.  "Registrant" means a person 
 who meets the requirements of sections 148.511 to 148.5196 and 
 is authorized by the commissioner to use the titles in section 
 148.513.  

    Subd. 16.    Registration.  "Registration" is the system 
 of regulation defined in section 214.001, subdivision 3, 
 paragraph (c), and is the process specified in sections 148.511 
 to 148.5196. 

    Subd. 17.    Speech-language pathologist.  
 "Speech-language pathologist" means a person who practices 
 speech-language pathology, meets the qualifications under 
 sections 148.511 to 148.5196, and registers with the 
 commissioner.  Speech-language pathologist also means a natural 
 person using, as an occupational title, a term identified in 
 section 148.513. 

    Subd. 18.    Supervisee.  "Supervisee" means an 
 individual who, under the direction or evaluation of a 
 supervisor, is: 

    (1) engaging in the supervised practice of speech-language 
 pathology or audiology; 

    (2) performing a function of supervised clinical training 
 as a student of speech-language pathology or audiology; or 

    (3) performing a function of supervised postgraduate 
 clinical experience in speech-language pathology or audiology.  

    Subd. 19.    Supervision.  "Supervision" means the 
 direct or indirect evaluation or direction of:  

    (1) a practitioner of speech-language pathology or 
 audiology; 

    (2) a person performing a function of supervised clinical 
 training as a student of speech-language pathology or audiology; 
 or 

    (3) a person performing a function of supervised 
 postgraduate clinical experience in speech-language pathology or 
 audiology.  

    Subd. 20.    Supervisor.  "Supervisor" means a person 
 who has the authority to direct or evaluate a supervisee and who 
 is: 

    (1) a registered speech-language pathologist or 
 audiologist; or 

    (2) when the commissioner determines that supervision by a 
 registered speech-language pathologist or audiologist as 
 required in clause (1) is unobtainable, and in other situations 
 considered appropriate by the commissioner, a person practicing 
 speech-language pathology or audiology who holds a current 
 certificate of clinical competence from the American 
 Speech-Language-Hearing Association.  

    HIST: 1996 c 363 s 2 

     148.513 Protected titles and restrictions on use. 

    (a) A person shall not use a title relating to 
 speech-language pathology or audiology, except as provided in 
 paragraphs (b) and (c).  

    (b) Use of the following terms or initials which represent 
 the following terms, alone or in combination with any word or 
 words, by any person to form an occupational title is prohibited 
 unless that person is registered under sections 148.511 to 
 148.5196: 

    (1) speech-language; 

    (2) speech-language pathologist, S, SP, or SLP; 

    (3) speech pathologist; 

    (4) language pathologist; 

    (5) audiologist, A, or AUD; 

    (6) speech therapist; or 

    (7) speech clinician.  

    (c) Use of the term "Minnesota registered" in conjunction 
 with the titles protected under this section by any person is 
 prohibited unless that person is registered under sections 
 148.511 to 148.5196.  

    HIST: 1996 c 363 s 3 

     148.514 General registration requirements; procedures 
  and qualifications. 

    Subdivision 1.    General registration procedures.  An 
 applicant for registration must:  

    (1) submit an application as required under section 
 148.519, subdivision 1; and 

    (2) submit all fees required under section 148.5194.  

    Subd. 2.    General registration qualifications.  An 
 applicant for registration must possess the qualifications 
 required in one of the following clauses:  

    (1) a person who applies for registration and does not meet 
 the requirements in clause (2) or (3), must meet the 
 requirements in section 148.515; 

    (2) a person who applies for registration and who has a 
 current certificate of clinical competence issued by the 
 American Speech-Language-Hearing Association must meet the 
 requirements of section 148.516; or 

    (3) a person who applies for registration by reciprocity 
 must meet the requirements under section 148.517.  

    HIST: 1996 c 363 s 4 

     148.515 Qualifications for registration. 

    Subdivision 1.    Applicability.  Except as provided in 
 section 148.516 or 148.517, an applicant must meet the 
 requirements in this section.  

    Subd. 2.    Master's or doctoral degree required.  (a) 
 An applicant must possess a master's or doctoral degree that 
 meets the requirements of paragraphs (b) to (h).  

    (b) All of the applicant's graduate coursework and clinical 
 practicum required in the professional area for which 
 registration is sought must have been initiated and completed at 
 an institution whose program was accredited by the educational 
 standards board of the American Speech-Language-Hearing 
 Association in the area for which registration is sought.  

    (c) The master's degree training must include a minimum of 
 112.5 quarter credits or 75 semester credits or their equivalent 
 of academic coursework that includes basic science coursework 
 and professional coursework.  

    (d) Applicants for registration in either speech-language 
 pathology or audiology must complete 40.5 quarter credits of the 
 112.5 quarter credits or 27 of the 75 semester credits or their 
 equivalent in basic science coursework, distributed as follows:  

    (1) nine quarter credits or six semester credits or their 
 equivalent must be in biological or physical sciences and 
 mathematics; 

    (2) nine quarter credits or six semester credits or their 
 equivalent must be in behavioral or social sciences, including 
 normal aspects of human behavior and communication; and 

    (3) 22.5 quarter credits or 15 semester credits or their 
 equivalent must be in basic human communication processes and 
 must include coursework in each of the following three areas of 
 speech, language, and hearing:  

    (i) the anatomic and physiologic bases; 

    (ii) the physical and psychophysical bases; and 

    (iii) the linguistic and psycholinguistic aspects.  

    (e) All applicants for registration must complete 54 
 quarter credits of the 112.5 quarter credits or 36 semester 
 credits of the 75 semester credits or their equivalent in 
 professional coursework.  The coursework must include the 
 nature, prevention, evaluation, and treatment of speech, 
 language, and hearing disorders.  The coursework must encompass 
 courses in speech, language, and hearing that concern disorders 
 primarily affecting children as well as disorders primarily 
 affecting adults.  A minimum of 45 of the 54 quarter credits or 
 30 of the 36 semester credits or their equivalent must be 
 courses for which graduate credit was received.  A minimum of 
 31.5 of the 45 quarter credits or 21 of the 30 semester credits 
 must be in the professional area for which registration is 
 sought.  

    (f) Applicants seeking registration as speech-language 
 pathologists must complete the following professional coursework:

    (1) 45 quarter credits of the 54 quarter credits of the 
 professional coursework or 30 semester credits of the 36 
 semester credits of the professional coursework or their 
 equivalent must be in courses pertaining to speech-language 
 pathology and nine quarter credits of the 54 quarter credits or 
 six semester credits of the 36 semester credits or their 
 equivalent in courses in the area of audiology; and 

    (2) the 45 quarter credits or 30 semester credits or their 
 equivalent pertaining to speech-language pathology must include 
 at least nine quarter credits or six semester credits or their 
 equivalent in speech disorders and nine quarter credits or six 
 semester credits or their equivalent in language disorders.  The 
 nine quarter credits or six semester credits or their equivalent 
 in the area of audiology must include at least 4.5 quarter 
 credits or three semester credits or their equivalent in hearing 
 disorders and hearing evaluation and 4.5 quarter credits or 
 three semester credits or their equivalent in habilitative and 
 rehabilitative procedures.  

    (g) Applicants seeking registration as an audiologist must 
 complete professional coursework as follows:  

    (1) 45 quarter credits of the 54 quarter credits or 30 
 semester credits of the 36 semester credits or their equivalent 
 of coursework must be in audiology.  At least nine quarter 
 credits of the 45 quarter credits or six semester credits of the 
 30 semester credits in audiology must be in hearing disorders 
 and hearing evaluation and at least nine quarter credits or six 
 semester credits or their equivalent must be in habilitative or 
 rehabilitative procedures with individuals who have hearing 
 impairment; and 

    (2) nine quarter credits of the 54 quarter credits or six 
 semester credits of the 36 semester credits or their equivalent 
 in the area of speech-language pathology.  At least 4.5 quarter 
 credits of the nine quarter credits or three semester credits of 
 the six semester credits must be in speech disorders and at 
 least 4.5 quarter credits of the nine quarter credits or three 
 semester credits of the six semester credits must be in language 
 disorders.  This coursework in speech-language pathology must 
 concern the nature, prevention, evaluation, and treatment of 
 speech and language disorders not associated with hearing 
 impairment.  

    (h) Of the professional coursework required in paragraphs 
 (f) and (g), no more than nine quarter credits or six semester 
 credits or their equivalent associated with clinical training 
 may be counted toward the minimum of 54 quarter credits or 36 
 semester credits or their equivalent of professional coursework. 
 However, those hours may not be used to satisfy the minimum of 
 nine quarter credits or six semester credit hours in hearing 
 disorders or evaluation, nine quarter credits or six semester 
 credits in habilitative or rehabilitative procedures, or nine 
 quarter credits or six semester credits in speech-language 
 pathology.  

    Subd. 3.    Supervised clinical training required.  (a) 
 An applicant must complete at least 375 hours of supervised 
 clinical training as a student that meets the requirements of 
 paragraphs (b) to (f).  

    (b) The supervised clinical training must be provided by 
 the educational institution or by one of its cooperating 
 programs.  

    (c) The first 25 hours of the supervised clinical training 
 must be spent in clinical observation.  Those 25 hours must 
 concern the evaluation and treatment of children and adults with 
 disorders of speech, language, or hearing.  

    (d) All applicants must complete at least 350 hours of 
 supervised clinical training that concern the evaluation and 
 treatment of children and adults with disorders of speech, 
 language, and hearing.  At least 250 of the 350 hours must be at 
 the graduate level in the area in which registration is sought.  
 At least 50 hours must be spent in each of three types of 
 clinical settings including, but not limited to, university 
 clinics, hospitals, private clinics, and schools, including 
 secondary and elementary.  

    (e) An applicant seeking registration as a speech-language 
 pathologist must: 

    (1) obtain 250 of the 350 supervised hours in 
 speech-language pathology; 

    (2) complete a minimum of 20 hours of the 250 hours in each 
 of the following eight categories: 

    (i) evaluation:  speech disorders in children; 

    (ii) evaluation:  speech disorders in adults; 

    (iii) evaluation:  language disorders in children; 

    (iv) evaluation:  language disorders in adults; 

    (v) treatment:  speech disorders in children; 

    (vi) treatment:  speech disorders in adults; 

    (vii) treatment:  language disorders in children; and 

    (viii) treatment:  language disorders in adults; 

    (3) complete a minimum of 35 hours in audiology including:  

    (i) 15 hours in the evaluation or screening of individuals 
 with hearing disorders; and 

    (ii) 15 hours in habilitation or rehabilitation of 
 individuals with hearing impairment; and 

    (4) obtain no more than 20 hours in the major professional 
 area that are in related disorders.  

    (f) An applicant seeking registration as an audiologist 
 must: 

    (1) obtain 250 of the 350 hours in audiology; 

    (2) complete a minimum of 40 hours in each of the following 
 four categories:  

    (i) evaluation:  hearing in children; 

    (ii) evaluation:  hearing in adults; 

    (iii) selection and use:  amplification and assistive 
 devices for children; and 

    (iv) selection and use:  amplification and assistive 
 devices for adults; 

    (3) complete a minimum of 20 hours in the category of the 
 treatment of hearing disorders in children and adults; 

    (4) complete a minimum of 35 hours of the 350 hours in 
 speech-language pathology unrelated to hearing impairment as 
 follows:  

    (i) 15 hours in evaluation or screening; and 

    (ii) 15 hours in treatment; and 

    (5) obtain no more than 20 hours in the major professional 
 area that are in related disorders.  

    Subd. 4.    Supervised postgraduate clinical experience 
 required.  (a) An applicant must complete no less than nine 
 months or its equivalent of full-time supervised postgraduate 
 clinical experience according to paragraphs (b) to (h).  

    (b) Supervision in the postgraduate clinical experience 
 includes both on-site observation and other monitoring 
 activities.  On-site observation must involve the supervisor, 
 the supervisee, and the client receiving speech-language 
 pathology or audiology services.  On-site observation must 
 include direct observation by the supervisor of treatment given 
 by the supervisee.  Other monitoring activities may be executed 
 by correspondence and include, but are not limited to, 
 conferences with the supervisee, evaluation of written reports, 
 and evaluations by professional colleagues.  Other monitoring 
 activities do not include the client receiving speech-language 
 pathology or audiology services but must involve direct or 
 indirect evaluative contact by the supervisor of the supervisee. 

    (c) The applicant must, as part of the postgraduate 
 clinical experience, be supervised by an individual who meets 
 the definition of section 148.512, subdivision 20, and:  

    (1) when registration as a speech-language pathologist is 
 sought, is a registered speech-language pathologist or hold a 
 current certificate of clinical competence in speech-language 
 pathology from the American Speech-Language-Hearing Association; 
 and 

    (2) when registration as an audiologist is sought, is a 
 registered audiologist or hold a current certificate of clinical 
 competence in audiology from the American 
 Speech-Language-Hearing Association. 

    (d) The applicant may not begin the postgraduate clinical 
 experience until the applicant has completed the academic 
 coursework and clinical training in subdivisions 2 and 3. 

    (e) To be considered full time, at least 30 hours per week 
 must be spent over a nine-month period in clinical work.  
 Equivalent time periods may include part-time professional 
 employment as follows:  

    (1) 12 months of at least 25 hours per week; 

    (2) 15 months of at least 20 hours per week; or 

    (3) 18 months of at least 15 hours per week.  

    (f) The applicant's postgraduate clinical experience must 
 include direct clinical experience with patients, consultations, 
 report writing, recordkeeping, or other duties relevant to 
 clinical work.  A minimum of 80 percent of the clinical 
 experience must be in direct contact with persons who have 
 communication handicaps.  If the applicant uses part-time 
 employment to fulfill the postgraduate clinical experience 
 requirement, all of the minimum required hours of the part-time 
 work week requirement must be spent in direct professional 
 experience.  

    (g) The applicant must complete the postgraduate clinical 
 experience within a maximum of 36 consecutive months and must be 
 supervised in no less than 36 activities, including 18 one-hour 
 on-site observations.  A maximum of six hours can be accrued in 
 one day.  A minimum of six one-hour on-site observations must be 
 accrued during each one-third of the experience.  

    (h) The applicant must complete 18 other monitored 
 activities and complete at least one monitored activity each 
 month of the postgraduate clinical experience.  Alternatives to 
 on-site observation and monitoring activities include activities 
 supervised by correspondence, evaluation of written reports, and 
 evaluations by professional colleagues.  

    Subd. 5.    Qualifying examination score required.  (a) 
 An applicant must achieve a qualifying score on the National 
 Examination in Speech-Language Pathology or Audiology (NESPA), 
 administered by NTE Programs, Educational Testing Service.  

    (b) The commissioner shall determine the qualifying scores 
 for both the speech-language pathology and audiology 
 examinations based on guidelines provided by the advisory 
 council or the American Speech-Language-Hearing Association.  

    (c) The applicant is responsible for:  

    (1) making arrangements to take the examination described 
 in this subdivision; 

    (2) bearing all expenses associated with taking the 
 examination; 

    (3) having the examination scores sent directly to the 
 commissioner from the Educational Testing Service; and 

    (4) including a copy of the scores along with the original 
 registration application.  

    (d) The applicant must receive a qualifying score on the 
 examination within three years after the applicant applies for 
 registration under section 148.519.  If the applicant does not 
 receive a qualifying score on the examination within three years 
 after the applicant applies for registration, the applicant may 
 apply to the commissioner in writing for consideration to submit 
 a new application for registration under section 148.519. 

    HIST: 1996 c 363 s 5; 1998 c 317 s 2 

     148.516 Registration by equivalency. 

    An applicant who applies for registration by equivalency 
 must show evidence of possessing a current certificate of 
 clinical competence issued by the American 
 Speech-Language-Hearing Association and must meet the 
 requirements of section 148.514. 

    HIST: 1996 c 363 s 6 

     148.5161 Temporary registration. 

    Subdivision 1.    Application.  The commissioner shall 
 issue temporary registration as a speech-language pathologist or 
 audiologist to an applicant who has applied for registration 
 under section 148.515, who is not the subject of a disciplinary 
 action or past disciplinary action, and who has not violated a 
 provision of section 148.5195, subdivision 3.  

    Subd. 2.    Procedures.  To be eligible for temporary 
 registration, an applicant must submit an application form 
 provided by the commissioner, the fees required by section 
 148.5194, and evidence of successful completion of the 
 requirements in section 148.515, subdivisions 2 and 3.  

    Subd. 3.    Supervision required.  (a) A temporary 
 registrant must practice under the supervision of an individual 
 who meets the requirements of section 148.512, subdivision 20.  
 Supervision must conform to the requirements in paragraphs (b) 
 to (g). 

    (b) Supervision must include both on-site observation and 
 other monitoring activities.  On-site observation must involve 
 the supervisor, the supervisee, and the client receiving 
 speech-language pathology or audiology services and must include 
 direct observation by the supervisor of treatment given by the 
 supervisee.  Other monitoring activities must involve direct or 
 indirect evaluative contact by the supervisor of the supervisee, 
 may be executed by correspondence, and may include, but are not 
 limited to, conferences with the supervisee, evaluation of 
 written reports, and evaluations by professional colleagues.  
 Other monitoring activities do not include the client receiving 
 speech-language pathology or audiology services. 

    (c) The temporary registrant must be supervised by an 
 individual who meets the definition of section 148.512, 
 subdivision 20, and:  

    (1) when the temporary registrant is a speech-language 
 pathologist, is a registered speech-language pathologist, or 
 holds a current certificate of clinical competence in 
 speech-language pathology from the American 
 Speech-Language-Hearing Association; and 

    (2) when the temporary registrant is an audiologist, is a 
 registered audiologist, or holds a current certificate of 
 clinical competence in audiology from the American 
 Speech-Language-Hearing Association.  

    (d) Temporary registration shall not be granted until the 
 applicant has completed the academic coursework and clinical 
 training in section 148.515, subdivisions 2 and 3.  

    (e) The temporary registrant must be supervised in no less 
 than 36 activities, including 18 one-hour on-site observations.  
 A maximum of six hours may be accrued in one day.  A minimum of 
 six one-hour on-site observations must be accrued during each 
 one-third of the experience.  

    (f) The temporary registrant must complete 18 other 
 monitored activities and complete at least one monitored 
 activity each month.  

    (g) The temporary registrant must provide verification of 
 supervision on the application form provided by the commissioner.

    Subd. 4.    Expiration of temporary registration.  A 
 temporary registration issued to a person pursuant to 
 subdivision 2 expires 18 months after issuance or on the date 
 the commissioner grants or denies registration, whichever occurs 
 first.  Upon application, a temporary registration shall be 
 renewed once to persons who have not met the supervised 
 postgraduate clinical experience requirement under section 
 148.515, subdivision 4, within the initial temporary 
 registration period and meet the requirements of subdivision 1. 

    Subd. 5.    Title used.  A temporary registrant shall be 
 identified by one of the protected titles and a designation 
 indicating clinical fellowship status. 

    HIST: 1998 c 317 s 3 

     148.517 Registration by reciprocity. 

    Subdivision 1.    Applicability.  An applicant who 
 applies for registration as a speech-language pathologist or 
 audiologist by reciprocity must meet the requirements of 
 subdivisions 2 and 3.  

    Subd. 2.    Current credentials required.  An applicant 
 applying for registration by reciprocity must provide evidence 
 to the commissioner that the applicant holds a current and 
 unrestricted credential for the practice of speech-language 
 pathology or audiology in another jurisdiction that has 
 requirements equivalent to or higher than those in effect for 
 determining whether an applicant in this state is qualified to 
 be registered as a speech-language pathologist or audiologist.  
 An applicant who provides sufficient evidence need not meet the 
 requirements of section 148.515, provided that the applicant 
 otherwise meets all other requirements of section 148.514. 

    Subd. 3.    Verification of credentials required.  An 
 applicant for registration by reciprocity under subdivision 2, 
 must have the appropriate government body in each jurisdiction 
 in which the applicant holds a credential submit letters of 
 verification to the commissioner.  Each letter must state the 
 applicant's name, date of birth, credential number, date of 
 issuance, a statement regarding disciplinary actions, if any, 
 taken against the applicant, and the terms under which the 
 credential was issued.  

    HIST: 1996 c 363 s 7 

     148.518 Registration following lapse of registered 
  status. 

    Subdivision 1.    Lapse of three years or less.  For an 
 applicant whose registered status has lapsed for three years or 
 less, the applicant must:  

    (1) apply for registration renewal according to section 
 148.5191 and document compliance with the continuing education 
 requirements of section 148.5193 since the applicant's 
 registration lapsed; or 

    (2) fulfill the requirements of section 148.517. 

    Subd. 2.    Lapse of more than three years.  For an 
 applicant whose registered status has lapsed for more than three 
 years, the applicant must:  

    (1) apply for registration renewal according to section 
 148.5191 and obtain a qualifying score on the examination 
 described in section 148.515, subdivision 5, within one year of 
 the application date for registration renewal; or 

    (2) apply for renewal according to section 148.5191, 
 provide evidence to the commissioner that the applicant holds a 
 current and unrestricted credential for the practice of 
 speech-language pathology or audiology in another jurisdiction 
 that has requirements equivalent to or higher than those in 
 effect for Minnesota and provide evidence of compliance with 
 that jurisdiction's continuing education requirements.  

    HIST: 1996 c 363 s 8; 1998 c 317 s 4 

     148.519 Registration procedures. 

    Subdivision 1.    Applications for registration.  An 
 applicant for registration must: 

    (1) submit a completed application for registration on 
 forms provided by the commissioner.  The application must 
 include the applicant's name, certification number under chapter 
 153A, if applicable, business address and telephone number, or 
 home address and telephone number if the applicant practices 
 speech-language pathology or audiology out of the home, and a 
 description of the applicant's education, training, and 
 experience, including previous work history for the five years 
 immediately preceding the date of application.  The commissioner 
 may ask the applicant to provide additional information 
 necessary to clarify information submitted in the application; 

    (2) submit a transcript showing the completion of a 
 master's degree or its equivalent meeting the requirements of 
 section 148.515, subdivision 2; 

    (3) submit documentation of the required hours of 
 supervised clinical training meeting the requirements of section 
 148.515, subdivision 3; 

    (4) submit documentation of the postgraduate clinical 
 experience meeting the requirements of section 148.515, 
 subdivision 4; 

    (5) submit documentation of receiving a qualifying score on 
 an examination meeting the requirements of section 148.515, 
 subdivision 5; 

    (6) sign a statement that the information in the 
 application is true and correct to the best of the applicant's 
 knowledge and belief; 

    (7) submit with the application all fees required by 
 section 148.5194; and 

    (8) sign a waiver authorizing the commissioner to obtain 
 access to the applicant's records in this or any other state in 
 which the applicant has engaged in the practice of 
 speech-language pathology or audiology.  

    Subd. 2.    Action on applications for registration.  (a)
 The commissioner shall act on an application for registration 
 according to paragraphs (b) to (d).  

    (b) The commissioner shall determine if the applicant meets 
 the requirements for registration.  The commissioner or advisory 
 council may investigate information provided by an applicant to 
 determine whether the information is accurate and complete.  

    (c) The commissioner shall notify an applicant of action 
 taken on the application and of the grounds for denying 
 registration if registration is denied.  

    (d) An applicant denied registration may make a written 
 request to the commissioner, within 30 days of the date of 
 notification to the applicant, to appear before the advisory 
 council and for the advisory council to review the 
 commissioner's decision to deny the applicant's registration.  
 After reviewing the denial, the advisory council shall make a 
 recommendation to the commissioner as to whether the denial 
 should be affirmed.  An applicant is allowed no more than one 
 request for a review of denial of registration in any one 
 registration renewal period.  

    HIST: 1996 c 363 s 9 

     148.5191 Registration renewal. 

    Subdivision 1.    Renewal requirements.  To renew 
 registration, an applicant must:  

    (1) biennially complete a renewal application on a form 
 provided by the commissioner and submit the biennial renewal 
 fee; 

    (2) meet the continuing education requirements of section 
 148.5193 and submit evidence of attending continuing education 
 courses, as required in section 148.5193, subdivision 6; and 

    (3) submit additional information if requested by the 
 commissioner to clarify information presented in the renewal 
 application.  The information must be submitted within 30 days 
 after the commissioner's request.  

    Subd. 2.    Late fee.  An application submitted after 
 the renewal deadline date must be accompanied by a late fee as 
 provided in section 148.5194, subdivision 4.  

    Subd. 3.    Registration renewal notice.  Registration 
 renewal is on a biennial basis.  At least 60 days before the 
 registration expiration date, the commissioner shall send out a 
 renewal notice to the registrant's last known address.  The 
 notice shall include a renewal application and notice of fees 
 required for renewal.  If the registrant does not receive the 
 renewal notice, the registrant is still required to meet the 
 deadline for renewal to qualify for continuous registered status.

    Subd. 4.    Renewal deadline.  Each registration 
 certificate, including a temporary registration certificate 
 provided under section 148.5161, must state an expiration date.  
 An application for registration renewal must be received by the 
 department of health or postmarked at least 30 days before the 
 expiration date.  If the postmark is illegible, the application 
 shall be considered timely if received at least 21 days before 
 the expiration date.  

    When the commissioner establishes the renewal schedule for 
 an applicant, registrant, or temporary registrant, if the period 
 before the expiration date is less than two years, the fee shall 
 be prorated. 

    HIST: 1996 c 363 s 10; 1998 c 317 s 5-7 

     148.5193 Continuing education requirements. 

    Subdivision 1.    Number of contact hours required.  (a) 
 An applicant for registration renewal must meet the requirements 
 for continuing education according to paragraphs (b) to (e).  

    (b) An applicant for registration renewal as either a 
 speech-language pathologist or an audiologist must provide 
 evidence to the commissioner of a minimum of 30 contact hours of 
 continuing education offered by an approved continuing education 
 sponsor within the two years immediately preceding registration 
 renewal.  A minimum of 20 contact hours of continuing education 
 must be directly related to the registrant's area of 
 registration.  Ten contact hours of continuing education may be 
 in areas generally related to the registrant's area of 
 registration.  

    (c) An applicant for registration renewal as both a 
 speech-language pathologist and an audiologist must attest to 
 and document completion of a minimum of 36 contact hours of 
 continuing education offered by an approved continuing education 
 sponsor within the two years immediately preceding registration 
 renewal.  A minimum of 15 contact hours must be received in the 
 area of speech-language pathology and a minimum of 15 contact 
 hours must be received in the area of audiology.  Six contact 
 hours of continuing education may be in areas generally related 
 to the registrant's areas of registration.  

    (d) If the registrant is licensed by the board of teaching: 

    (1) activities that are approved in the categories of 
 Minnesota Rules, part 8700.1000, subpart 3, items A and B, and 
 that relate to speech-language pathology, shall be considered: 

    (i) offered by an approved sponsor of continuing education; 
 and 

    (ii) directly related to speech-language pathology; 

    (2) activities that are approved in the categories of 
 Minnesota Rules, part 8700.1000, subpart 3, shall be considered: 

    (i) offered by an approved sponsor of continuing education; 
 and 

    (ii) generally related to speech-language pathology; and 

    (3) one clock hour as defined in Minnesota Rules, part 
 8700.1000, subpart 1, is equivalent to 1.2 contact hours of 
 continuing education.  

    (e) Contact hours cannot be accumulated in advance and 
 transferred to a future continuing education period.  

    Subd. 2.    Preapproved continuing education sponsors.  
 The commissioner will accept continuing education approved or 
 sponsored by the Minnesota department of health, the Minnesota 
 Speech-Language-Hearing Association, the American 
 Speech-Language-Hearing Association, the American Academy of 
 Audiology, the Minnesota Academy of Audiology, the Academy of 
 Rehabilitative Audiologists, the Acoustical Society of America, 
 Twin Cities Clinical Speech-Language Pathologists, Minnesota 
 Foundation for Acoustical Education and Research, or 
 universities accredited by the American Speech-Language-Hearing 
 Association.  

    Subd. 3.    Approval of continuing education sponsors.  
 (a) Continuing education sponsors, unless preapproved under 
 subdivision 2, must be approved by the commissioner according to 
 paragraphs (b) to (e). 

    (b) Applications for approval must be submitted to the 
 commissioner at least 60 days before the date of the first 
 continuing education activity.  Applications must be made in 
 writing by the person or officer of the organization sponsoring 
 the program.  On receiving the commissioner's approval, 
 continuing education activities of the sponsor related to 
 speech-language pathology or audiology are approved for two 
 years following the date of the commissioner's approval.  To 
 obtain approval, continuing education sponsors must submit the 
 information described in clauses (1) to (5) on an application 
 provided by the commissioner:  

    (1) The continuing education sponsor must describe the 
 content of courses to be offered.  The course content must 
 contribute directly to the professional competency of the 
 speech-language pathologist or audiologist, must be beyond the 
 basic educational program leading to a degree in speech-language 
 pathology or audiology, and must include subject matter related 
 to current developments in speech-language pathology and 
 audiology.  

    (2) The continuing education sponsor must describe the 
 method of instruction for each course offered.  The continuing 
 education sponsor must describe for each course offered the 
 teaching methods to be used, such as lecture, seminar, 
 audiovisual, or simulation.  

    (3) The continuing education sponsor must outline specific 
 written objectives that describe expected outcomes for the 
 participants.  

    (4) The continuing education sponsor must state the number 
 of contact hours of continuing education which may be obtained 
 by completing a specified course, which must be a minimum of one 
 hour.  

    (5) The continuing education sponsor must provide a resume 
 of each instructor's qualifications with the application for 
 approval by the commissioner.  Instructors must be qualified to 
 teach the specified course content based on their prior 
 education, training, or experience.  

    (c) The continuing education sponsor must report to the 
 commissioner, on a timely basis, any change in the course 
 content or instructor.  

    (d) Continuing education sponsors must maintain, for a 
 minimum of three years, a record of attendance for each course 
 offered.  

    (e) To maintain approval as a continuing education sponsor, 
 a continuing education sponsor must continue to comply with this 
 section.  

    Subd. 4.    Earning continuing education contact hours 
 through contact hour equivalents.  (a) A registrant who 
 teaches continuing education courses may obtain contact hour 
 equivalents according to paragraphs (b) to (d). 

    (b) The sponsor of the course must be approved by the 
 commissioner.  

    (c) A registrant may not obtain more than six contact hours 
 in any two-year continuing education period by teaching 
 continuing education courses.  

    (d) A registrant may obtain two contact hours for each hour 
 spent teaching a course if the course is sponsored by an 
 approved continuing education sponsor.  Contact hours may be 
 claimed only once for teaching the same course in any two-year 
 continuing education period.  

    Subd. 5.    Continuing education activities offered by a 
 sponsor not approved by the commissioner.  (a) A registrant 
 may seek approval of a continuing education activity offered by 
 a sponsor who is not approved by the commissioner.  The 
 registrant must seek approval according to paragraphs (b) and 
 (c). 

    (b) The registrant's request for approval must be made in 
 writing to the commissioner, on forms available from the 
 commissioner.  A request for approval before the continuing 
 education activity is attended must be made a minimum of 45 days 
 before the first day of the continuing education activity.  A 
 request for approval after the continuing education activity is 
 attended must be made within 45 days of the last day of the 
 continuing education activity and must include verification of 
 attendance.  A registrant not complying with this subdivision 
 will not receive approval for the continuing education activity. 

    (c) A registrant denied approval of a continuing education 
 activity may make a written request to the commissioner, within 
 30 days of the commissioner's decision, that the advisory 
 council review the commissioner's decision to deny the 
 registrant's request for approval of continuing education.  
 After reviewing a denial, the advisory council shall submit its 
 recommendation to the commissioner.  

    Subd. 6.    Evidence of attendance.  A registrant must 
 maintain records of attending the continuing education contact 
 hours required for registration renewal.  An applicant for 
 registration renewal must submit the following information on a 
 form provided by the commissioner:  the sponsoring organization, 
 the dates of the course, the course name, the number of contact 
 hours completed, and the name and signature of the registrant.  
 The form must be submitted with the renewal application under 
 section 148.5191, subdivision 1.  

    Subd. 7.    Verification of continuing education reports. 
  The commissioner may request a registrant or continuing 
 education sponsor to verify the continuing education to which 
 the registrant attested.  Documentation may come directly from 
 the registrant, the continuing education sponsor, or from a 
 national accrediting or certifying organization which maintains 
 the records.  

    Subd. 8.    Waiver of continuing education requirements. 
  The commissioner may grant a waiver of the requirements of 
 this section in cases where the requirements would impose an 
 undue burden on the registrant.  A registrant must request in 
 writing a waiver of the requirements of this section.  The 
 request for a waiver must cite this section, the reasons for 
 requesting the waiver, the period of time the registrant wishes 
 to have the continuing education requirement waived, and the 
 alternative measures that will be taken if a waiver is granted.  
 The commissioner shall set forth, in writing, the reasons for 
 granting or denying the waiver.  Waivers granted by the 
 commissioner shall specify in writing the time limitation and 
 required alternative measures to be taken by the registrant. 

    HIST: 1996 c 363 s 11 

     148.5194 Fees. 

    Subdivision 1.    Fee proration.  The commissioner shall 
 prorate the registration fee for first time registrants 
 according to the number of months that have elapsed between the 
 date registration is issued and the date registration must be 
 renewed under section 148.5191, subdivision 4.  

    Subd. 2.    Biennial registration fee.  The fee for 
 initial registration and biennial registration, temporary 
 registration, or renewal is $160.  

    Subd. 3.    Biennial registration fee for dual 
 registration as a speech-language pathologist and audiologist. 
  The fee for initial registration and biennial registration, 
 temporary registration, or renewal is $160.  

    Subd. 4.    Penalty fee for late renewals.  The penalty 
 fee for late submission of a renewal application is $15.  

    Subd. 5.    Nonrefundable fees.  All fees are 
 nonrefundable. 

    HIST: 1996 c 363 s 12; 1998 c 317 s 8 

     148.5195 Investigation process and grounds for 
  disciplinary action. 

    Subdivision 1.    Investigations of complaints.  The 
 commissioner or advisory council may initiate an investigation 
 upon receiving a signed complaint or other signed written 
 communication that alleges or implies that an individual has 
 violated sections 148.511 to 148.5196.  According to section 
 214.13, subdivision 6, in the receipt, investigation, and 
 hearing of a complaint that alleges or implies an individual has 
 violated sections 148.511 to 148.5196, the commissioner shall 
 follow the procedures in section 214.10.  

    Subd. 2.    Rights of applicants and registrants.  The 
 rights of an applicant denied registration are stated in section 
 148.519, subdivision 2, paragraph (d).  A registrant shall not 
 be subjected to disciplinary action under this section without 
 first having an opportunity for a contested case hearing under 
 chapter 14.  

    Subd. 3.    Grounds for disciplinary action by 
 commissioner.  The commissioner may take any of the 
 disciplinary actions listed in subdivision 4 on proof that the 
 individual has: 

    (1) intentionally submitted false or misleading information 
 to the commissioner or the advisory council; 

    (2) failed, within 30 days, to provide information in 
 response to a written request by the commissioner or advisory 
 council; 

    (3) performed services of a speech-language pathologist or 
 audiologist in an incompetent or negligent manner; 

    (4) violated sections 148.511 to 148.5196; 

    (5) failed to perform services with reasonable judgment, 
 skill, or safety due to the use of alcohol or drugs, or other 
 physical or mental impairment; 

    (6) violated any state or federal law, rule, or regulation, 
 and the violation is a felony or misdemeanor, an essential 
 element of which is dishonesty, or which relates directly or 
 indirectly to the practice of speech-language pathology or 
 audiology.  Conviction for violating any state or federal law 
 which relates to speech-language pathology or audiology is 
 necessarily considered to constitute a violation, except as 
 provided in chapter 364; 

    (7) aided or abetted another person in violating any 
 provision of sections 148.511 to 148.5196; 

    (8) been or is being disciplined by another jurisdiction, 
 if any of the grounds for the discipline is the same or 
 substantially equivalent to those under sections 148.511 to 
 148.5196; 

    (9) not cooperated with the commissioner or advisory 
 council in an investigation conducted according to subdivision 
 1; 

    (10) advertised in a manner that is false or misleading; 

    (11) engaged in conduct likely to deceive, defraud, or harm 
 the public; or demonstrated a willful or careless disregard for 
 the health, welfare, or safety of a client; 

    (12) failed to disclose to the consumer any fee splitting 
 or any promise to pay a portion of a fee to any other 
 professional other than a fee for services rendered by the other 
 professional to the client; 

    (13) engaged in abusive or fraudulent billing practices, 
 including violations of federal Medicare and Medicaid laws, Food 
 and Drug Administration regulations, or state medical assistance 
 laws; 

    (14) obtained money, property, or services from a consumer 
 through the use of undue influence, high pressure sales tactics, 
 harassment, duress, deception, or fraud; 

    (15) performed services for a client who had no possibility 
 of benefiting from the services; 

    (16) failed to refer a client for medical evaluation or to 
 other health care professionals when appropriate or when a 
 client indicated symptoms associated with diseases that could be 
 medically or surgically treated; 

    (17) if the individual is a dispenser of hearing 
 instruments as defined by section 153A.13, subdivision 5, had 
 the certification required by chapter 153A, denied, suspended, 
 or revoked according to chapter 153A; or 

    (18) used the term doctor of audiology, doctor of 
 speech-language pathology, AuD, or SLPD without having obtained 
 the degree from an institution accredited by the North Central 
 Association of Colleges and Secondary Schools or the American 
 Speech-Language-Hearing Association. 

    Subd. 4.    Disciplinary actions.  If the commissioner 
 finds that an individual should be disciplined according to 
 subdivision 3, the commissioner may take any one or more of the 
 following actions:  

    (1) refuse to grant or renew registration; 

    (2) suspend registration for a period not exceeding one 
 year; 

    (3) revoke registration; or 

    (4) take any reasonable lesser action against an individual 
 upon proof that the individual has violated sections 148.511 to 
 148.5196.  

    Subd. 5.    Consequences of disciplinary actions.  Upon 
 the suspension or revocation of registration, the 
 speech-language pathologist or audiologist shall cease to use 
 titles protected under sections 148.511 to 148.5196 and shall 
 cease to represent to the public that the speech-language 
 pathologist or audiologist is registered by the commissioner.  

    Subd. 6.    Reinstatement requirements after disciplinary 
 action.  A speech-language pathologist or audiologist who has 
 had registration suspended may petition on forms provided by the 
 commissioner for reinstatement following the period of 
 suspension specified by the commissioner.  The requirements of 
 section 148.5191 for renewing registration must be met before 
 registration may be reinstated.  

    HIST: 1996 c 363 s 13; 1998 c 317 s 9 

     148.5196 Speech-language pathologist and audiologist 
  advisory council. 

    Subdivision 1.    Membership.  The commissioner shall 
 appoint seven persons to a speech-language pathologist and 
 audiologist advisory council.  The seven persons must include: 

    (1) two public members, as defined in section 214.02.  The 
 public members shall be either persons receiving services of a 
 speech-language pathologist or audiologist, or family members of 
 or caregivers to such persons; 

    (2) two speech-language pathologists registered under 
 sections 148.511 to 148.5196, one of whom is currently and has 
 been, for the five years immediately preceding the appointment, 
 engaged in the practice of speech-language pathology in 
 Minnesota and each of whom is employed in a different employment 
 setting including, but not limited to, private practice, 
 hospitals, rehabilitation settings, educational settings, and 
 government agencies; 

    (3) one speech-language pathologist registered under 
 sections 148.511 to 148.5196, who is currently and has been, for 
 the five years immediately preceding the appointment, employed 
 by a Minnesota public school district or a Minnesota public 
 school district consortium that is authorized by Minnesota 
 Statutes and who is licensed in communication disorders by the 
 Minnesota board of teaching; and 

    (4) two audiologists registered under sections 148.511 to 
 148.5196, one of whom is currently and has been, for the five 
 years immediately preceding the appointment, engaged in the 
 practice of audiology in Minnesota and each of whom is employed 
 in a different employment setting including, but not limited to, 
 private practice, hospitals, rehabilitation settings, 
 educational settings, industry, and government agencies.  

    Subd. 2.    Organization.  The advisory council shall be 
 organized and administered under section 15.059.  

    Subd. 3.    Duties.  The advisory council shall:  

    (1) advise the commissioner regarding speech-language 
 pathologist and audiologist registration standards; 

    (2) advise the commissioner on enforcement of sections 
 148.511 to 148.5196; 

    (3) provide for distribution of information regarding 
 speech-language pathologist and audiologist registration 
 standards; 

    (4) review applications and make recommendations to the 
 commissioner on granting or denying registration or registration 
 renewal; 

    (5) review reports of investigations relating to 
 individuals and make recommendations to the commissioner as to 
 whether registration should be denied or disciplinary action 
 taken against the individual; 

    (6) advise the commissioner regarding approval of 
 continuing education sponsors using the criteria in section 
 148.5193, subdivision 3; and 

    (7) perform other duties authorized for advisory councils 
 under chapter 214, or as directed by the commissioner. 

    HIST: 1996 c 363 s 14 

     148.52 Board of optometry. 

    The board of optometry shall consist of two public members 
 as defined by section 214.02 and five qualified optometrists 
 appointed by the governor.  Membership terms, compensation of 
 members, removal of members, the filling of membership 
 vacancies, and fiscal year and reporting requirements shall be 
 as provided in sections 214.07 to 214.09. 

    The provision of staff, administrative services and office 
 space; the review and processing of complaints; the setting of 
 board fees; and other provisions relating to board operations 
 shall be as provided in chapter 214. 

    HIST: (5785) 1915 c 127 s 1; 1925 c 239 s 1; 1929 c 420 s 1; 
 1973 c 62 s 1; 1973 c 638 s 20; 1975 c 136 s 16; 1976 c 222 s 
 61; 1976 c 239 s 56; 1991 c 199 art 1 s 42 

     148.53 Powers of board.  

    The state board of optometry shall have the power to make 
 any rules and to do any and all things not inconsistent with law 
 which it may deem necessary or expedient for the effective 
 enforcement of sections 148.52 to 148.62 or for the full and 
 efficient performance of its duties thereunder. 

    HIST: (5786) 1915 c 127 s 2; 1925 c 239 s 2; 1929 c 420 s 2; 
 1985 c 248 s 70 

     148.54 Board; seal. 

    The board of optometry shall elect from among its members a 
 president and may adopt a seal. 

    HIST: (5787) 1915 c 127 s 3; 1925 c 239 s 3; 1949 c 267 s 1; 
 1975 c 136 s 17; 1976 c 222 s 62 

  148.55 Repealed, 1976 c 222 s 209 

     148.56 Optometrists. 

    Subdivision 1.    Optometry defined.  Any person shall 
 be deemed to be practicing optometry within the meaning of 
 sections 148.52 to 148.62 who shall display a sign, such as an 
 eye, a pair of eyes, a pair of glasses or spectacles, or who 
 shall in any way advertise as an optometrist, or who shall 
 employ any means for the measurement of the powers of vision or 
 the adaptation of lenses or prisms for the aid thereof, or 
 possess testing appliances for the purpose of the measurement of 
 the powers of vision, or diagnose any optical deficiency or 
 deformity, visual or muscular anomaly of the human eye, or 
 prescribe lenses, prisms, or ocular exercises for the correction 
 or the relief of same, or who holds oneself out as being able to 
 do so.  

    Subd. 2.    Unlawful practices.  It shall be unlawful 
 for any person who is not licensed as an optometrist in this 
 state to fit, sell, or dispose of, or to take, receive, or 
 solicit any order for the fitting, sale, or disposition of, any 
 spectacles, eye glasses, or lenses for the correction of vision 
 in any place within the state other than an established place of 
 business wherein such spectacles, eye glasses, or lenses are 
 commonly sold and dealt in; and it shall be unlawful for any 
 person, not licensed as an optometrist thereunder, to sell or 
 dispose of, at retail, any spectacles, eye glasses, or lenses 
 for the correction of vision in any established place of 
 business or elsewhere in this state except under the 
 supervision, direction, and authority of a duly licensed 
 optometrist holding a certificate under sections 148.52 to 
 148.62, who shall be in charge of and in personal attendance at 
 the booth, counter, or place where such articles are sold or 
 disposed of.  

    Subd. 3.    Unregulated sales.  Nothing in sections 
 148.52 to 148.62 shall be construed to apply to the sale of toy 
 glasses, goggles consisting of plano-white or plano-colored 
 lenses or ordinary colored glasses or to the replacement of 
 duplications of broken lenses, nor to sales upon prescription 
 from persons legally authorized by the laws of this state to 
 examine eyes and prescribe glasses therefor, nor shall it apply 
 to regularly licensed physicians and surgeons.  Sections 148.52 
 to 148.62 also do not apply to the sale of spectacles, used for 
 reading and containing only simple lenses having a plus power of 
 up to and including 3.25, if no attempt is made to test the 
 eyes.  The term "simple lenses" does not include bifocals.  The 
 seller shall prominently display a sign on the counter or rack 
 or other display device where the spectacles are offered for 
 sale that reads as follows:  "If you have experienced a vision 
 loss, the selection of these glasses should not take the place 
 of an eye exam." 

    Subd. 4.    License required.  It shall be unlawful for 
 any person to engage in the practice of optometry without first 
 procuring and filing for record a certificate of registration as 
 a licensed optometrist pursuant to this section. 

    HIST: (5789) 1915 c 127 s 5; 1925 c 239 s 5; 1929 c 420 s 3; 
 1983 c 301 s 146; 1986 c 444; 1987 c 125 s 1 

     148.57 License. 

    Subdivision 1.    Examination.  A person not authorized 
 to practice optometry in the state and desiring to do so shall 
 apply to the director of the state board of optometry and pay to 
 the board a fee in an amount set by the board.  The candidate 
 desiring to apply to the board shall complete a form furnished 
 by the board.  With the submission of the application form, the 
 candidate shall prove that the candidate (a) is of good moral 
 character, and (b) is a graduate of an optometry school 
 requiring at least two academic years of preprofessional 
 training for admittance to such school and which has been 
 approved by the board, or is currently enrolled in the final 
 year of study at such a school, and pass all parts of an 
 examination.  The examination shall include both a written 
 portion and a clinical practical portion and shall thoroughly 
 test the fitness of the candidate to practice in this state.  In 
 regard to the written and clinical practical examinations, the 
 board (a) may prepare, administer, and grade the examination 
 itself or (b) may recognize and approve in whole or in part an 
 examination prepared, administered and graded by a national 
 board of examiners in optometry or (c) may administer a 
 recognized and approved examination prepared and graded by or 
 under the direction of a national board of examiners in 
 optometry.  The board shall issue a license to each applicant 
 who satisfactorily passes the examinations and fulfills the 
 other requirements stated in this section.  The applicant shall 
 pay to the board a fee as set by the board upon issuance of the 
 license.  In the event the candidate fails to pass a part of the 
 examination, upon the payment of an additional fee as set by the 
 board, the candidate may reapply to the board of optometry.  The 
 fees mentioned in this section are for the use of the board and 
 in no case shall be refunded. 

    Subd. 2.    Reciprocity.  A person who holds a 
 certificate of registration, or license, from another state, and 
 who has practiced not less than three years in that state, may 
 apply for licensure in Minnesota by filling out and swearing to 
 an application for license by reciprocity form furnished by the 
 board and by filing that form with the board secretary along 
 with a fee as set by the board at least two weeks prior to the 
 regular meeting at which the board is considering such 
 applications.  The application fee as set by the board shall be 
 for the use of the board and in no case shall be refunded.  To 
 verify that the applicant possesses the knowledge and ability 
 essential to the practice of optometry in this state, the board 
 may for good cause request the applicant to perform a practical 
 demonstration to its satisfaction.  The applicant may then be 
 issued a license if the requirements for registration or 
 licensure in the other state are deemed by the board to be 
 equivalent to those of sections 148.52 to 148.62; provided, that 
 the other state accords like privileges to holders of 
 certificates from the Minnesota board. 

    Subd. 3.    Revocation, suspension.  The board may 
 revoke the license or suspend or restrict the right to practice 
 of any person who has been convicted of any violation of 
 sections 148.52 to 148.62 or of any other criminal offense, or 
 who violates any provision of sections 148.571 to 148.576 or who 
 is found by the board to be incompetent or guilty of 
 unprofessional conduct. "Unprofessional conduct" means any 
 conduct of a character likely to deceive or defraud the public, 
 including, among other things, free examination advertising, the 
 loaning of a license by any licensed optometrist to any person; 
 the employment of "cappers" or "steerers" to obtain business; 
 splitting or dividing a fee with any person; the obtaining of 
 any fee or compensation by fraud or misrepresentation; employing 
 directly or indirectly any suspended or unlicensed optometrist 
 to perform any work covered by sections 148.52 to 148.62; the 
 advertising by any means of optometric practice or treatment or 
 advice in which untruthful, improbable, misleading, or 
 impossible statements are made.  After one year, upon 
 application and proof that the disqualification has ceased, the 
 board may reinstate such person. 

    Subd. 4.    Peddling or canvassing forbidden.  Every 
 licensed optometrist who shall temporarily practice optometry 
 outside or away from the regular registered place of business 
 shall display the license and deliver to each customer or person 
 there fitted or supplied with glasses a receipt or record which 
 shall contain the signature, permanent registered place of 
 business or post office address, and number of license of the 
 optometrist, together with the amount charged therefor, but 
 nothing contained in this section shall be construed as to 
 permit peddling or canvassing by licensed optometrists. 

    HIST: (5790) 1915 c 127 s 6; 1925 c 239 s 6; 1929 c 420 s 4; 
 1949 c 267 s 3; 1967 c 381 s 2; 1973 c 62 s 2-4; 1976 c 222 s 
 63; 1978 c 516 s 1; 1982 c 388 s 5; 1985 c 247 s 25; 1986 c 444; 
 1992 c 419 s 1; 1993 c 121 s 3 

     148.571 Use of topical ocular drugs. 

    Subdivision 1.    Authority.  Subject to the provisions 
 of sections 148.57, subdivision 3, and 148.571 to 148.574, 
 licensed optometrists may administer topical ocular drugs to the 
 anterior segment of the human eye during an eye examination in 
 the course of practice in their normal practice setting, solely 
 for the purposes of determining the refractive, muscular, or 
 functional origin of sources of visual discomfort or difficulty, 
 and detecting abnormalities which may be evidence of disease.  

    Subd. 2.    Drugs specified.  For purposes of sections 
 148.57, subdivision 3, and 148.571 to 148.574, "topical ocular 
 drugs" means: 

    (1) commercially prepared topical anesthetics as follows: 
 proparacaine HC1 0.5 percent, tetracaine HC1 0.5 percent, and 
 benoxinate HC1 0.4 percent; 

    (2) commercially prepared mydriatics as follows: 
 phenylephrine HC1 in strength not greater than 2.5 percent and 
 hydroxyamphetamine HBr in strength not greater than 1 percent; 
 and 

    (3) commercially prepared cycloplegics/mydriatics as 
 follows:  tropicamide in strength not greater than 1 percent and 
 cyclopentolate in strength not greater than 1 percent.  

    HIST: 1982 c 388 s 1; 1986 c 444 

     148.572 Advice to seek diagnosis and treatment. 

    Whether or not topical ocular drugs have been used, if any 
 licensed optometrist is informed by a patient or determines from 
 examining a patient, using judgment and that degree of skill, 
 care, knowledge and attention ordinarily possessed and exercised 
 by optometrists in good standing under like circumstances, that 
 there are present in that patient signs or symptoms which may be 
 evidence of disease that requires treatment that is beyond the 
 practice of optometry permitted by law, then the licensed 
 optometrist shall (1) promptly advise that patient to seek 
 evaluation by an appropriate licensed physician for diagnosis 
 and possible treatment and (2) not attempt to treat such 
 condition by the use of drugs or any other means.  

    HIST: 1982 c 388 s 2; 1993 c 121 s 4 

     148.573 Prerequisites to drug use. 

    Subdivision 1.    Certificate required.  A licensed 
 optometrist shall not purchase, possess or administer any 
 topical ocular drugs unless, after August 1, 1982, the 
 optometrist has obtained a certificate from the board of 
 optometry certifying that the optometrist has complied with the 
 following requirements:  

    (a) Successful completion of 60 classroom hours of study in 
 general and clinical pharmacology as it relates to the practice 
 of optometry, with particular emphasis on the use of topical 
 ocular drugs for examination purposes.  At least 30 of the 60 
 classroom hours shall be in ocular pharmacology and shall 
 emphasize the systemic effects of and reactions to topical 
 ocular drugs, including the emergency management and referral of 
 any adverse reactions that may occur.  The course of study shall 
 be approved by the board of optometry, and shall be offered by 
 an institution which is accredited by a regional or professional 
 accreditation organization recognized or approved by the Council 
 on Post-secondary Education or the United States Department of 
 Education or their successors.  The course shall be completed 
 prior to entering the examination required by this section; 

    (b) Successful completion of an examination approved by the 
 board of optometry on the subject of general and ocular 
 pharmacology as it relates to optometry with particular emphasis 
 on the use of topical ocular drugs, including emergency 
 management and referral of any adverse reactions that may occur; 

    (c) Successful completion, after August 1, 1982, of a 
 course in cardiopulmonary resuscitation offered or approved by 
 the Red Cross, American Heart Association, an accredited 
 hospital, or a comparable organization or institution; and 

    (d) Establishment, after August 1, 1982, of an emergency 
 plan for the management and referral to appropriate medical 
 services of patients who may experience adverse drug reactions 
 resulting from the application of topical ocular drugs.  The 
 plan must be approved by the board of optometry and shall, at 
 least, require the optometrist to:  

    (1) Refer patients who notify the optometrist of an adverse 
 drug reaction to appropriate medical specialists or facilities; 

    (2) Routinely advise the patient to immediately contact the 
 optometrist if the patient experiences an adverse reaction; 

    (3) Place in the patient's permanent record information 
 describing any adverse drug reaction experienced by the patient, 
 and the date and time that any referral was made; and 

    (4) Include in the plan the names of at least three 
 physicians, physician clinics, or hospitals to whom the 
 optometrist will refer patients who experience an adverse drug 
 reaction.  At least one of these physicians shall be skilled in 
 the diagnosis and treatment of diseases of the eye.  

    Subd. 2.    Exception.  The course and examination 
 required by clauses (a) and (b) of subdivision 1 shall be 
 completed after August 1, 1982 except that the board of 
 optometry may certify applicants who have graduated from an 
 accredited school of optometry within two years prior to August 
 1, 1982 if the school's curriculum includes a course and 
 examination meeting the requirements of clauses (a) and (b) of 
 subdivision 1.  

    Subd. 3.    Consultation required.  Approvals of the 
 course, examination and emergency plan required by clauses (a), 
 (b) and (d) of subdivision 1 shall be given by the board of 
 optometry only after consultation with the board of medical 
 practice and board of pharmacy, provided that the 
 recommendations of the board of medical practice and board of 
 pharmacy are made within 120 days after they are requested by 
 the board of optometry.  

    HIST: 1982 c 388 s 3; 1991 c 106 s 6 

     148.574 Prohibitions relating to legend drugs; 
  authorizing sales by pharmacists under certain conditions. 

    An optometrist shall not purchase, possess, administer, 
 prescribe or give any legend drug as defined in section 151.01 
 to any person except as is expressly authorized by sections 
 148.571 to 148.577.  The authorizations in sections 148.571 to 
 148.577 apply only to topical legend drugs.  Nothing in chapter 
 151 shall prevent a pharmacist from selling topical ocular drugs 
 to an optometrist authorized to use such drugs according to 
 sections 148.571 to 148.577.  Notwithstanding section 151.37, an 
 optometrist is prohibited from dispensing legend drugs at retail.

    HIST: 1982 c 388 s 4; 1993 c 121 s 5 

     148.575 Certificate required for use of topical legend 
  drugs. 

    Subdivision 1.    Certificate required for use of topical 
 legend drugs.  A licensed optometrist must be board certified 
 to use topical legend drugs for therapy under section 148.576. 

    Subd. 2.    Board certified defined.  "Board certified" 
 means that a licensed optometrist has been issued a certificate 
 by the board of optometry certifying that the optometrist has 
 complied with the following requirements for the use of topical 
 legend drugs described in section 148.576: 

    (1) successful completion of at least 60 hours of study in 
 general and ocular pharmacology emphasizing drugs used for 
 examination or treatment purposes, their systemic effects and 
 management or referral of adverse reactions; 

    (2) successful completion of at least 100 hours of study in 
 the examination, diagnosis, and treatment of conditions of the 
 human eye with topical legend drugs; 

    (3) successful completion of two years of supervised 
 clinical experience in differential diagnosis of eye disease or 
 disorders as part of optometric training or one year of that 
 experience and ten years of actual clinical experience as a 
 licensed optometrist; and 

    (4) successful completion of a nationally standardized 
 examination approved by the board on the subject of treatment 
 and management of ocular disease prepared, administered, and 
 graded by the International Association of Boards of Examiners 
 in Optometry or an equivalent national board examination. 

    Subd. 3.    Display of certificate required.  A 
 certificate issued to a licensed optometrist by the board of 
 optometry must be displayed in a prominent place in the licensed 
 optometrist's office. 

    Subd. 4.    Accreditation of courses.  The board of 
 optometry may approve courses of study in general or ocular 
 pharmacology and examination, diagnosis, and treatment of 
 conditions of the human eye only if they are taught by an 
 institution that meets the following criteria: 

    (1) the institution has facilities for both didactic and 
 clinical instruction in pharmacology and ocular disease 
 treatment; 

    (2) the institution certifies to the board of optometry 
 that the course of instruction is comparable in content to 
 courses of instruction required by other health-related 
 licensing boards whose license holders or registrants are 
 permitted to administer pharmaceutical agents in their 
 professional practice for either diagnostic or therapeutic 
 purposes or both; and 

    (3) the institution is accredited by a regional or 
 professional accrediting organization recognized by the Council 
 on Postsecondary Accreditation or the United States Department 
 of Education, or their successors. 

    Subd. 5.    Notice to board of pharmacy.  The board of 
 optometry shall notify the board of pharmacy of each licensed 
 optometrist who meets the certification requirements in this 
 section. 

    HIST: 1993 c 121 s 6 

     148.576 Use of topical legend drugs; limitations; 
  reports. 

    Subdivision 1.    Authority to prescribe or administer.  
 A licensed optometrist who is board certified under section 
 148.575 may prescribe or administer topical legend drugs to aid 
 in the diagnosis, cure, mitigation, prevention, treatment, or 
 management of disease, deficiency, deformity, or abnormality of 
 the human eye and adnexa. 

    Subd. 2.    Adverse reaction reports.  An optometrist 
 certified to prescribe topical legend drugs shall file with the 
 board of optometry within ten working days of its occurrence a 
 report on any adverse reaction resulting from the optometrist's 
 administration of a drug.  The report must include the 
 optometrist's name, address, and license number; the patient's 
 name, address, and age; the patient's presenting problem; the 
 diagnosis; the agent administered and the method of 
 administration; the reaction; and the subsequent action taken. 

    HIST: 1993 c 121 s 7 

     148.577 Standard of care. 

    A licensed optometrist who is board certified under section 
 148.575 is held to the same standard of care in the use of those 
 drugs as physicians licensed by the state of Minnesota. 

    HIST: 1993 c 121 s 8 

  148.578 Repealed, 1997 c 7 art 2 s 67 

  148.58 Repealed, 1976 c 222 s 209 

     148.59 License renewal; fee. 

    A licensed optometrist shall pay to the state board of 
 optometry a fee as set by the board in order to renew a license 
 as provided by board rule. 

    HIST: (5792) 1915 c 127 s 8; 1925 c 239 s 8; 1949 c 267 s 4; 
 1959 c 378 s 1; 1967 c 381 s 4; 1973 c 62 s 6; 1976 c 222 s 64; 
 1986 c 444 

     148.60 Expenses. 

    The expenses of administering sections 148.52 to 148.62 
 shall be paid from appropriations made to the board of optometry.

    HIST: (5793) 1915 c 127 s 9; 1925 c 239 s 9; 1955 c 847 s 14; 
 1973 c 638 s 21; 1975 c 136 s 19; 1976 c 222 s 65 

     148.61 Penalty. 

    Subdivision 1.  Repealed, 1945 c 242 s 14 

    Subd. 2.  Renumbered 148.511 subdivision 1 

    Subd. 3.  Renumbered 148.101 

    Subd. 4.  Renumbered 148.511 subd 2 

    Subd. 5.  Every person who shall violate any of the 
 provisions of sections 148.52 to 148.62 shall be guilty of a 
 gross misdemeanor. 

    HIST: (5794) 1915 c 127 s 10; 1925 c 239 s 10 

     148.62 Application.  

    Sections 148.52 to 148.62 shall not be construed as 
 forbidding any person licensed to practice any profession in 
 this state from engaging in such profession as it may now be 
 defined by law.  

    HIST: (5796-1) 1925 c 239 s 13 

     148.621 Definitions. 

    Subdivision 1.    Applicability.  The definitions in 
 this section apply to sections 148.621 to 148.633. 

    Subd. 2.    Accredited college or university.  
 "Accredited college or university" means a college or university 
 accredited by the regional accrediting agencies recognized by 
 the council on post-secondary accreditation, and the United 
 States Department of Education at the time the degree was 
 conferred. 

    Subd. 3.    Association.  "Association" means the 
 American Dietetic Association. 

    Subd. 4.    Board.  "Board" means the board of dietetics 
 and nutrition practice. 

    Subd. 5.    Commission.  "Commission" means the 
 Commission on Dietetic Registration that is a member of the 
 National Commission on Health Certifying Agencies, which 
 national commission establishes national standards of competence 
 for individuals participating in the health care delivery system.

    Subd. 6.    Commissioner.  "Commissioner" means the 
 commissioner of health. 

    Subd. 7.    Dietitian.  "Dietitian" means an individual 
 who engages in dietetics or nutrition practice and uses the 
 title dietitian. 

    Subd. 8.    Nutritionist.  "Nutritionist" means an 
 individual who engages in dietetics or nutrition practice and 
 uses the title nutritionist. 

    Subd. 9.    Dietetics or nutrition practice.  "Dietetics 
 or nutrition practice" means the integration and application of 
 scientific principles of food, nutrition, biochemistry, 
 physiology, food management, and behavioral and social sciences 
 to achieve and maintain human health through the provision of 
 nutrition care services. 

    Subd. 10.    Nutrition care services.  "Nutrition care 
 services" means: 

    (1) assessment of the nutritional needs of individuals or 
 groups; 

    (2) establishment of priorities, goals, and objectives to 
 meet nutritional needs; 

    (3) provision of nutrition counseling for both normal and 
 therapeutic needs; 

    (4) development, implementation, and management of 
 nutrition care services; or 

    (5) evaluation, adjustment, and maintenance of appropriate 
 standards of quality in nutrition care. 

    Subd. 11.    Nutritional assessment.  "Nutritional 
 assessment" means the evaluation of the nutritional needs of 
 individuals or groups based on appropriate biochemical, 
 anthropometric, physical, and dietary data to determine nutrient 
 needs and recommend appropriate nutritional intake. 

    Subd. 12.    Nutrition counseling.  "Nutrition 
 counseling" means advising and assisting individuals or groups 
 on appropriate nutritional intake by integrating information 
 from the nutritional assessment with information on food and 
 other sources of nutrients and meal preparation consistent with 
 cultural background and socioeconomic status. 

    Subd. 13.    Person.  "Person" means an individual, 
 corporation, partnership, or other legal entity. 

    HIST: 1994 c 613 s 2 

     148.622 Board of dietetics and nutrition practice. 

    Subdivision 1.    Creation.  The board of dietetics and 
 nutrition practice consists of seven members appointed by the 
 governor. 

    Subd. 2.    Membership.  Members of the board must have 
 been residents of the state of Minnesota for two years 
 immediately preceding appointment and must represent various 
 geographic areas of the state and various employment settings, 
 as required by this section.  Two members must be dietitians 
 registered with the commission with at least three years of 
 dietetics practice in Minnesota.  Two members must be 
 nutritionists with at least three years of nutrition practice in 
 Minnesota.  The professional members first appointed need not be 
 licensed under this chapter for appointment to their first terms 
 on the board, but must possess the qualifications necessary for 
 licensure under this chapter.  Three other members must be 
 public members as defined under section 214.02.  Two of the 
 public members must be consumers of nutrition care services or 
 caregivers of those utilizing such services. 

    Subd. 3.    Membership terms; officers; quorum; expenses. 
  (a) Members must be appointed for staggered terms of four 
 years, with terms beginning August 1 of each year.  The terms of 
 the initial board members must be determined by lot as follows:  
 one member must be appointed for a term that expires August 1, 
 2000; two members must be appointed for terms that expire August 
 1, 1998; two members must be appointed for terms that expire 
 August 1, 1997; and two members must be appointed for terms that 
 expire August 1, 1995.  Members of the board serve until the 
 expiration of the term to which they have been appointed or 
 until their successors have qualified.  A person may not be 
 appointed to serve more than two consecutive terms. 

    (b) The board shall organize annually and select a chair 
 and vice-chair. 

    (c) Four members of the board, including two professional 
 members and two public members, constitute a quorum to do 
 business. 

    (d) The board shall hold at least two regular meetings each 
 year.  Additional meetings may be held at the call of the chair 
 or at the written request of any three members of the board.  At 
 least 14 days' written advance notice of the board meeting is 
 required. 

    (e) Board members receive compensation for their services 
 in accordance with section 15.0575. 

    HIST: 1994 c 613 s 3; 1997 c 192 s 26 

     148.623 Duties of the board. 

    The board shall: 

    (1) adopt rules necessary to administer and enforce 
 sections 148.621 to 148.633; 

    (2) administer, coordinate, and enforce sections 148.621 to 
 148.633; 

    (3) evaluate the qualifications of applicants; 

    (4) issue subpoenas, examine witnesses, and administer 
 oaths; 

    (5) conduct hearings and keep records and minutes necessary 
 to the orderly administration of sections 148.621 to 148.633; 

    (6) investigate persons engaging in practices that violate 
 sections 148.621 to 148.633; and 

    (7) adopt rules under chapter 14 prescribing a code of 
 ethics for licensees. 

    HIST: 1994 c 613 s 4 

     148.624 Licensure; renewal. 

    Subdivision 1.    Dietetics.  The board shall issue a 
 license as a dietitian to a person who files a completed 
 application, pays all required fees, and certifies and furnishes 
 evidence satisfactory to the board that the applicant: 

    (1) meets the following qualifications: 

    (i) has received a baccalaureate or postgraduate degree 
 from a United States regionally accredited college or university 
 with a major in dietetics, human nutrition, nutrition education, 
 food and nutrition, or food services management; 

    (ii) has completed a documented supervised preprofessional 
 practice experience component in dietetic practice of not less 
 than 900 hours under the supervision of a registered dietitian, 
 a state licensed nutrition professional, or an individual with a 
 doctoral degree conferred by a United States regionally 
 accredited college or university with a major course of study in 
 human nutrition, nutrition education, food and nutrition, 
 dietetics, or food systems management.  Supervised practice 
 experience must be completed in the United States or its 
 territories.  Supervisors who obtain their doctoral degree 
 outside the United States and its territories must have their 
 degrees approved by the board as equivalent to the doctoral 
 degree conferred by a United States regionally accredited 
 college or university; and 

    (iii) has successfully completed the registration 
 examination for dietitians administered by the commission; or 

    (2) has a valid current registration with the commission 
 which gives the applicant the right to use the term "registered 
 dietitian" or "R.D."  

    Subd. 2.    Nutrition.  The board shall issue a license 
 as a nutritionist to a person who files a completed application, 
 pays all required fees, and certifies and furnishes evidence 
 satisfactory to the board that the applicant: 

    (1) meets the following qualifications: 

    (i) has received a master's or doctoral degree from an 
 accredited or approved college or university with a major in 
 human nutrition, public health nutrition, clinical nutrition, 
 nutrition education, community nutrition, or food and nutrition; 
 and 

    (ii) has completed a documented supervised preprofessional 
 practice experience component in dietetic practice of not less 
 than 900 hours under the supervision of a registered dietitian, 
 a state licensed nutrition professional, or an individual with a 
 doctoral degree conferred by a United States regionally 
 accredited college or university with a major course of study in 
 human nutrition, nutrition education, food and nutrition, 
 dietetics, or food systems management.  Supervised practice 
 experience must be completed in the United States or its 
 territories.  Supervisors who obtain their doctoral degree 
 outside the United States and its territories must have their 
 degrees validated as equivalent to the doctoral degree conferred 
 by a United States regionally accredited college or university; 
 or 

    (2) has qualified as a diplomate of the American Board of 
 Nutrition, Springfield, Virginia. 

    Subd. 3.    Petition.  (a) The board may issue a license 
 as a nutritionist to a person who submits to the board a 
 petition for individual review, provided the person has received 
 a master's or doctoral degree from an accredited college or 
 university with a major course of study that includes an 
 emphasis in human nutrition and has completed a supervised 
 preprofessional experience component in nutrition practice of 
 not less than 900 hours under the supervision of a registered 
 dietitian, a state licensed health care practitioner, or an 
 individual with a doctoral degree conferred by a United States 
 regionally accredited college or university with a major course 
 of study in human nutrition, nutrition education, food and 
 nutrition, dietetics, or food system management.  Supervised 
 practice experience must be completed in the United States or 
 its territories.  Supervisors who obtain their degree outside 
 the United States and its territories must have their degrees 
 approved by the board as equivalent to a comparable degree 
 conferred by a United States regionally accredited college or 
 university. 

    (b) The board may issue a license as a dietitian or 
 nutritionist to an applicant who has completed a course of study 
 at a foreign college or university, if the applicant: 

    (1) submits a petition for individual review; 

    (2) successfully completes a course of study approved by 
 the board as equivalent to a baccalaureate or master's degree 
 conferred by a United States regionally accredited college or 
 university; and 

    (3) meets the applicable experiential requirements set by 
 the board. 

    Subd. 4.    Renewal.  Licensees shall renew licenses at 
 the time and in the manner established by the rules of the board.

    HIST: 1994 c 613 s 5 

     148.625 Application. 

    A person desiring a license under sections 148.621 to 
 148.633 shall apply to the board on a form and in the manner the 
 board prescribes.  The application must be accompanied by an 
 application fee in an amount determined by the board. 

    HIST: 1994 c 613 s 6 

     148.626 Continuing education required. 

    Within three years of the effective date of sections 
 148.621 to 148.633, renewal of a license is contingent on the 
 applicant meeting uniform continuing education requirements 
 established by the board.  Notice of initial or amended 
 continuing education requirements must be sent to all persons 
 licensed under sections 148.621 to 148.633 at least 12 months 
 before a person's license renewal is dependent on satisfaction 
 of those requirements.  Continuing education requirements must 
 be sent to new applicants with the forms on which they are to 
 apply for licensure. 

    HIST: 1994 c 613 s 7 

     148.627 Transition period. 

    Subdivision 1.    Dietitians.  For one year after the 
 effective date of rules adopted by the board under section 
 148.623, the board shall issue a license as a dietitian to an 
 applicant who is a qualified dietitian as defined by the 
 division of health resources of the department of health and has 
 practiced nutrition or dietetics in good standing for the 
 equivalent of one year full time during the last five years. 

    Subd. 2.    Nutritionists.  For one year after the 
 effective date of rules adopted by the board under section 
 148.623, the board shall issue a license as a nutritionist to an 
 applicant who has received a qualifying master's or doctoral 
 degree and has practiced nutrition or dietetics in good standing 
 for the equivalent of one year during the last five years. 

    Subd. 3.    Clinical nutritionists.  For one year after 
 the effective date of rules adopted by the board under section 
 148.623, the board shall issue a license as a nutritionist to an 
 applicant who is a certified clinical nutritionist, certified by 
 the International and American Association of Clinical 
 Nutritionists who meets the standards for certification and 
 recertification established by the Clinical Nutrition 
 Certification Board and works in cooperation with a medical 
 doctor. 

    Subd. 4.    Nutrition specialists.  For one year after 
 the effective date of rules adopted by the board under section 
 148.623, the board shall issue a license as a nutritionist to an 
 applicant who is a certified nutrition specialist, certified by 
 the Board for Nutrition Specialists. 

    Subd. 5.    Notice.  Within 30 days of the effective 
 date of the rules adopted by the board under section 148.623, 
 the board shall: 

    (1) notify dietitians and nutritionists of the existence of 
 the rules by issuing notifications in dietitian and nutritionist 
 trade publications; 

    (2) notify all Minnesota educational institutions which 
 grant degrees in majors which prepare individuals for dietetics 
 or nutrition practice of the existence of the rules; and 

    (3) provide copies of the rules upon request to interested 
 individuals. 

    HIST: 1994 c 613 s 8 

     148.628 Reciprocity. 

    The board may issue a license to an applicant who is 
 licensed as a dietitian or nutritionist in another state or the 
 District of Columbia, provided that in the judgment of the board 
 the standards for licensure in that state are not less stringent 
 than the requirements set forth in sections 148.621 to 148.633.  

    HIST: 1994 c 613 s 9 

     148.629 Denial, suspension, or revocation. 

    Subdivision 1.    Grounds.  The board may refuse to 
 renew or grant a license to, or may suspend, revoke, or restrict 
 the license of an individual whom the board, after a hearing 
 under the contested case provisions of chapter 14, determines: 

    (1) is incompetent to engage in dietetic or nutrition 
 practice, or is found to be engaged in dietetic or nutrition 
 practice in a manner harmful or dangerous to a client or to the 
 public; 

    (2) has violated the rules of the board or the statutes the 
 board is empowered to enforce; 

    (3) has obtained or attempted to obtain a license or 
 license renewal by bribery or fraudulent representation; 

    (4) has knowingly made a false statement on a form required 
 by the board for licensing or license renewal; or 

    (5) has sold any dietary supplement product if the sale of 
 that product resulted in financial benefit to the individual. 

    Subd. 2.    Restoring license.  For reasons it finds 
 sufficient, the board may grant a license previously refused, 
 restore a license that has been revoked, or reduce a period of 
 suspension or restriction of a license. 

    Subd. 3.    Review.  Suspension, revocation, or 
 restriction of a license must be reviewed by the board at the 
 request of the licensee against whom the disciplinary action was 
 taken. 

    HIST: 1994 c 613 s 10 

     148.630 License required. 

    (a) No person may engage in dietetics or nutrition practice 
 unless the person is licensed as a dietitian or nutritionist by 
 the board.  No person may use the title "dietitian," "licensed 
 dietitian," "nutritionist," "licensed nutritionist," or any 
 occupational title using the word "dietitian" or "nutritionist" 
 unless so licensed by the board, nor shall any person hold out 
 as a dietitian or nutritionist unless so licensed. 

    (b) Notwithstanding any other provision of sections 148.621 
 to 148.633, a dietitian registered by the commission shall have 
 the right to use the title "registered dietitian" and the 
 designation "R.D."  Notwithstanding any other provision of 
 sections 148.621 to 148.633, a dietetic technician registered by 
 the commission on dietetic registration shall have the right to 
 use the title "dietetic technician registered" and the 
 designation "D.T.R."  

    HIST: 1994 c 613 s 11 

     148.631 Penalty. 

    A person who violates sections 148.621 to 148.633 is guilty 
 of a misdemeanor.  If a person other than a licensed dietitian 
 or nutritionist engages in an act or practice constituting an 
 offense under sections 148.621 to 148.633, a district court on 
 application of the board may issue an injunction or other 
 appropriate order restraining the act or practice. 

    HIST: 1994 c 613 s 12 

     148.632 Exemptions; voluntary licensing. 

    Subdivision 1.    Persons excepted from the licensing 
 requirement.  Nothing in sections 148.621 to 148.633 prevents 
 or restricts the activities of: 

    (1) any person pursuing a degree in dietetics or nutrition 
 at an accredited college or university who is practicing under 
 the supervision of a licensed dietitian or licensed nutritionist 
 and in accordance with accepted scientific knowledge and 
 standards of practice, provided that the person is designated by 
 a title which clearly indicates the person's status as a student 
 or trainee; 

    (2) any person in the process of fulfilling the 
 professional experience requirements in dietetics or nutrition 
 necessary for licensure who is practicing under the supervision 
 of a licensed dietitian or licensed nutritionist and in 
 accordance with accepted scientific knowledge and standards of 
 practice, provided that the person is designated by a title 
 which clearly indicates the person's status as a trainee; 

    (3) any person licensed to practice medicine, nursing, 
 optometry, psychology, pharmacy, dentistry, or chiropractic, 
 when nutrition practice is incidental to the practice of the 
 person's profession and the person does not hold out as a 
 dietitian or nutritionist unless so licensed; 

    (4) any person, including a registered dietetic technician, 
 dietetic technician, or other paraprofessional working in a 
 program supervised by a licensed dietitian or nutritionist, if 
 the person's activities are within the scope of the person's 
 education and training and in accordance with accepted 
 scientific knowledge and standards of practice in nutrition or 
 dietetics and the person does not hold out as a dietitian or 
 nutritionist unless so licensed; 

    (5) any person who provides weight control services, 
 provided the nutrition program has been reviewed by, 
 consultation is available from, and no program change can be 
 initiated without prior approval by an individual licensed under 
 sections 148.621 to 148.633, a dietitian licensed in another 
 state that has licensure requirements considered by the board to 
 be at least as stringent as the requirements for licensure under 
 sections 148.621 to 148.633, or a registered dietitian, and 
 provided that the person does not hold out as a dietitian or 
 nutritionist unless so licensed; 

    (6) any home economist with a baccalaureate or graduate 
 degree from an accredited college or university, if the person's 
 activities are within the scope of the person's education and 
 training and in accordance with accepted scientific knowledge 
 and standards of practice and the person does not hold out as a 
 dietitian or nutritionist; 

    (7) any person employed by a federal, state, county, or 
 municipal agency, elementary or secondary school, regionally 
 accredited institution of higher education, or nonprofit agency, 
 if the person's activities are within the scope of the person's 
 employment and the person does not hold out as a dietitian or 
 nutritionist unless so licensed; 

    (8) any person who furnishes nutrition information on food, 
 food materials, or dietary supplements or engages in the 
 explanation to customers about foods or food products in 
 connection with the marketing and distribution of those products 
 provided that the person does not hold out as a dietitian or 
 nutritionist unless so licensed; 

    (9) any person who is recognized in the community as a 
 provider of nutritional advice, including a curandero or 
 medicine man or woman, and who advises people according to or 
 based on traditional practices provided the person does not hold 
 out as a dietitian or nutritionist unless so licensed; 

    (10) any animal nutritionist who does not meet the 
 requirements of sections 148.621 to 148.633, provided that the 
 person's activities are limited to the nutritional care of 
 animals.  Animal nutritionists may continue to use the title 
 nutritionist so long as they provide nutrition services only to 
 animals; 

    (11) any person who provides nutrition services without 
 remuneration to family members; or 

    (12) any person involved in dietary or nutritional 
 counseling pursuant to a research study supervised by a 
 Minnesota institution of higher learning or state agency which 
 has been approved by an institutional review board to ensure the 
 informed consent and safety of study participants. 

    Subd. 2.    Voluntary licensing.  The licensing of 
 persons employed by facilities licensed under chapters 144 and 
 144A is voluntary.  Nothing in sections 148.621 to 148.633 
 prevents or restricts the activities of persons employed by 
 these institutions. 

    HIST: 1994 c 613 s 13 

     148.633 Disposition of funds. 

    Money received by the board under sections 148.621 to 
 148.633 must be credited to the health occupations licensing 
 account within the special revenue fund. 

    HIST: 1994 c 613 s 14 

     148.65 Definitions. 

    Subdivision 1.    Physical therapy.  As used in sections 
 148.65 to 148.78 the term "physical therapy" means the 
 evaluation or treatment or both of any person by the employment 
 of physical measures and the use of therapeutic exercises and 
 rehabilitative procedures, with or without assistive devices, 
 for the purpose of preventing, correcting, or alleviating a 
 physical or mental disability.  Physical measures shall include 
 but shall not be limited to heat or cold, air, light, water, 
 electricity and sound.  Physical therapy includes evaluation 
 other than medical diagnosis, treatment planning, treatment, 
 documentation, performance of appropriate tests and measurement, 
 interpretation of orders or referrals, instruction, consultative 
 services, and supervision of supportive personnel.  "Physical 
 therapy" does not include the practice of medicine as defined in 
 section 147.081, or the practice of chiropractic as defined in 
 section 148.01.  

    Subd. 2.    Physical therapist.  "Physical therapist" 
 means a person who practices physical therapy as defined in 
 sections 148.65 to 148.78.  

    HIST: 1951 c 479 s 1; 1980 c 412 s 1; 1985 c 182 s 1; 1987 c 
 384 art 2 s 1 

     148.66 State board of medical practice, duties.  

    The state board of medical practice, as now or hereafter 
 constituted, hereinafter termed "the board," in the manner 
 hereinafter provided, shall administer the provisions of this 
 law.  

    HIST: 1951 c 479 s 2; 1991 c 106 s 6 

     148.67 Physical therapy council. 

    The board of medical practice shall appoint a physical 
 therapy council in carrying out the provisions of this law, 
 regarding the qualifications and examination of physical 
 therapists.  The council shall consist of seven members, 
 citizens and residents of the state of Minnesota, composed of 
 three physical therapists, two licensed and registered doctors 
 of medicine and surgery, one being a professor or associate or 
 assistant professor from a program in physical therapy approved 
 by the board of medical practice, one aide or assistant to a 
 physical therapist and one public member.  The council shall 
 expire, and the terms, compensation and removal of members shall 
 be as provided in section 15.059.  

    HIST: 1951 c 479 s 3; 1975 c 136 s 20; 1976 c 222 s 66; 1976 c 
 239 s 71; 1980 c 412 s 2; 1991 c 106 s 6 

  148.68 Repealed, 1975 c 136 s 77 

  148.69 Repealed, 1975 c 136 s 77 

     148.70 Applicants, qualifications. 

    It shall be the duty of the board of medical practice with 
 the advice and assistance of the physical therapy council to 
 pass upon the qualifications of applicants for registration, 
 continuing education requirements for reregistration, provide 
 for and conduct all examinations following satisfactory 
 completion of all didactic requirements, determine the 
 applicants who successfully pass the examination, and duly 
 register such applicants after the applicant has presented 
 evidence satisfactory to the board that the applicant has 
 completed a program of education or continuing education 
 approved by the board. 

    The passing score for examinations taken after July 1, 
 1995, shall be based on objective, numerical standards, as 
 established by a nationally recognized board approved testing 
 service. 

    HIST: 1951 c 479 s 6; 1973 c 725 s 17; 1975 c 136 s 21; 1980 c 
 412 s 3; 1986 c 444; 1988 c 549 s 1; 1991 c 106 s 6; 1995 c 18 s 
 10 

     148.705 Application. 

    An applicant for registration as a physical therapist shall 
 file a written application on forms provided by the board 
 together with a fee in the amount set by the board, no portion 
 of which shall be returned.  

    An approved program for physical therapists shall include 
 the following:  

    (a) A minimum of 60 academic semester credits or its 
 equivalent from an accredited college, including courses in the 
 biological and physical sciences; 

    (b) An accredited course in physical therapy education 
 which has provided adequate instruction in the basic sciences, 
 clinical sciences, and physical therapy theory and procedures, 
 as determined by the board.  In determining whether or not a 
 course in physical therapy is approved, the board may take into 
 consideration the accreditation of such schools by the 
 appropriate council of the American Medical Association, the 
 American Physical Therapy Association, or the Canadian Medical 
 Association.  

    HIST: 1980 c 412 s 4 

     148.706 Supervision of assistants and aides. 

    Every physical therapist who uses the services of an 
 assistant or aide for the purpose of assisting in the practice 
 of physical therapy is responsible for functions performed by 
 the assistant or aide while engaged in such assistance.  The 
 physical therapist shall permit the assistant or aide to perform 
 only those functions which the therapist is authorized by rule 
 to delegate to a physical therapist assistant or assign to a 
 physical therapy aide and shall provide supervision as specified.

    HIST: 1980 c 412 s 11; 1986 c 444 

     148.71 Registration. 

    Subdivision 1.    Qualified applicant.  The state board 
 of medical practice shall register as a physical therapist and 
 shall furnish a certificate of registration to each applicant 
 who successfully passes an examination provided for in sections 
 148.65 to 148.78 for registration as a physical therapist and 
 who is otherwise qualified as required herein. 

    Subd. 2.    Temporary permit.  (a) The board may, upon 
 payment of a fee set by the board, issue a temporary permit to 
 practice physical therapy under supervision to a physical 
 therapist who is a graduate of an approved school of physical 
 therapy and qualified for admission to examination for 
 registration as a physical therapist.  A temporary permit to 
 practice physical therapy under supervision may be issued only 
 once and cannot be renewed.  It expires 90 days after the next 
 examination for registration given by the board or on the date 
 on which the board, after examination of the applicant, grants 
 or denies the applicant a registration to practice, whichever 
 occurs first.  A temporary permit expires on the first day the 
 board begins its next examination for registration after the 
 permit is issued if the holder does not submit to examination on 
 that date.  The holder of a temporary permit to practice 
 physical therapy under supervision may practice physical therapy 
 as defined in section 148.65 if the entire practice is under the 
 supervision of a person holding a valid registration to practice 
 physical therapy in this state.  The supervision shall be 
 direct, immediate, and on premises. 

    (b) A physical therapist from another state who is licensed 
 or otherwise registered in good standing as a physical therapist 
 by that state and meets the requirements for registration under 
 section 148.72 does not require supervision to practice physical 
 therapy while holding a temporary permit in this state.  The 
 temporary permit remains valid only until the meeting of the 
 board at which the application for registration is considered. 

    Subd. 3.    Foreign-trained physical therapists; temporary 
 permits.  (a) The board of medical practice may issue a 
 temporary permit to a foreign-trained physical therapist who: 

    (1) is enrolled in a supervised physical therapy 
 traineeship that meets the requirements under paragraph (b); 

    (2) has completed a physical therapy education program 
 equivalent to that under section 148.705 and Minnesota Rules, 
 part 5601.0800, subpart 2; 

    (3) has achieved a score of at least 550 on the test of 
 English as a foreign language or a score of at least 85 on the 
 Minnesota battery test; and 

    (4) has paid a nonrefundable fee set by the board. 

    A foreign-trained physical therapist must have the 
 temporary permit before beginning a traineeship. 

    (b) A supervised physical therapy traineeship must: 

    (1) be at least six months; 

    (2) be at a board-approved facility; 

    (3) provide a broad base of clinical experience to the 
 foreign-trained physical therapist including a variety of 
 physical agents, therapeutic exercises, evaluation procedures, 
 and patient diagnoses; 

    (4) be supervised by a physical therapist who has at least 
 three years of clinical experience and is registered under 
 subdivision 1; and 

    (5) be approved by the board before the foreign-trained 
 physical therapist begins the traineeship. 

    (c) A temporary permit is effective on the first day of a 
 traineeship and expires 90 days after the next examination for 
 registration given by the board following successful completion 
 of the traineeship or on the date on which the board, after 
 examination of the applicant, grants or denies the applicant a 
 registration to practice, whichever occurs first. 

    (d) A foreign-trained physical therapist must successfully 
 complete a traineeship to be registered as a physical therapist 
 under subdivision 1.  The traineeship may be waived for a 
 foreign-trained physical therapist who is licensed or otherwise 
 registered in good standing in another state and has 
 successfully practiced physical therapy in that state under the 
 supervision of a licensed or registered physical therapist for 
 at least six months at a facility that meets the requirements 
 under paragraph (b), clauses (2) and (3). 

    (e) A temporary permit will not be issued to a 
 foreign-trained applicant who has been issued a temporary permit 
 for longer than six months in any other state. 

    HIST: 1951 c 479 s 7; 1980 c 412 s 5; 1988 c 557 s 4; 1991 c 
 106 s 6; 1993 c 21 s 11,12 

     148.72 Examinations. 

    Subdivision 1.    Issuance of registration without 
 examination.  On payment to the board of a fee in the amount 
 set by the board and on submission of a written application on 
 forms provided by the board, the board shall issue registration 
 without examination to a person who is licensed or otherwise 
 registered as a physical therapist by another state of the 
 United States of America, its possessions, or the District of 
 Columbia, if the requirements for licensure or registration in 
 the state, possession, or District are equal to, or greater 
 than, the requirements set forth in sections 148.65 to 148.78. 

    Subd. 2.    Certificate of registration.  The board may 
 issue a certificate of registration to a physical therapist 
 without examination to an applicant who presents evidence 
 satisfactory to the board of having passed an examination 
 recognized by the board if the standards of the other state or 
 foreign country are determined by the board to be as high as 
 those of this state.  At the time of making an application the 
 applicant shall pay to the board a fee in the amount set by the 
 board, no portion of which shall be returned.  

    Subd. 3.    Examinations.  The board shall give an 
 examination to applicants who comply with section 148.70.  The 
 examination shall include a written examination which shall test 
 the applicant's knowledge of the basic and clinical sciences as 
 they relate to physical therapy, physical therapy theory and 
 procedures, and such other subjects as the board may deem useful 
 to test the applicant's qualifications to act as a physical 
 therapist.  

    Subd. 4.    Issuance of registration after examination.  
 The board shall issue a certificate of registration to each 
 applicant who passes the examination in accordance with 
 standards established by the board and who is not disqualified 
 to receive registration under the provisions of section 148.75.  

    HIST: 1951 c 479 s 8; 1980 c 412 s 6; 1986 c 444; 1995 c 18 s 
 11 

     148.73 Renewals. 

    Every registered physical therapist shall, during each 
 January, apply to the board for an extension of registration and 
 pay a fee in the amount set by the board.  The extension of 
 registration is contingent upon demonstration that the 
 continuing education requirements set by the board under section 
 148.70 have been satisfied. 

    HIST: 1951 c 479 s 9; 1959 c 282 s 1; 1961 c 323 s 1; 1980 c 
 412 s 7; 1986 c 444; 1988 c 549 s 2 

     148.74 Rules. 

    The board is authorized to adopt rules as may be necessary 
 to carry out the purposes of sections 148.65 to 148.78.  The 
 secretary of the board shall keep a record of proceedings under 
 these sections and a register of all persons registered under 
 it.  The register shall show the name, address, date and number 
 of registration, and the renewal thereof.  Any other interested 
 person in the state may obtain a copy of such list on request to 
 the board upon payment of an amount as may be fixed by the 
 board, which shall not exceed the cost of the list so 
 furnished.  The board shall provide blanks, books, certificates, 
 and stationery and assistance as is necessary for the 
 transaction of the business of the board and the physical 
 therapy council hereunder, and all money received by the board 
 under sections 148.65 to 148.78 shall be paid into the state 
 treasury as provided for by law.  The board shall set by rule 
 the amounts of the application fee and the annual registration 
 fee.  The fees collected by the board must be sufficient to 
 cover the costs of administering sections 148.65 to 148.78. 

    HIST: 1951 c 479 s 10; 1977 c 305 s 45; 1980 c 412 s 8; 1985 c 
 248 s 70; 1988 c 549 s 3 

     148.75 Certificates; denial, suspension, revocation. 

    The state board of medical practice may refuse to grant 
 registration to any physical therapist, or may suspend or revoke 
 the registration of any physical therapist for any of the 
 following grounds:  

    (a) using drugs or intoxicating liquors to an extent which 
 affects professional competence; 

    (b) been convicted of a felony; 

    (c) conviction for violating any state or federal narcotic 
 law; 

    (d) procuring, aiding or abetting a criminal abortion; 

    (e) registration or attempted registration by fraud or 
 deception; 

    (f) conduct unbecoming a person registered as a physical 
 therapist or conduct detrimental to the best interests of the 
 public; 

    (g) gross negligence in the practice of physical therapy as 
 a physical therapist; 

    (h) treating human ailments by physical therapy after an 
 initial 30-day period of patient admittance to treatment has 
 lapsed, except by the order or referral of a person licensed in 
 this state to practice medicine as defined in section 147.081, 
 the practice of chiropractic as defined in section 148.01, the 
 practice of podiatry as defined in section 153.01, or the 
 practice of dentistry as defined in section 150A.05 and whose 
 license is in good standing; or when a previous diagnosis exists 
 indicating an ongoing condition warranting physical therapy 
 treatment, subject to periodic review defined by board of 
 medical practice rule; 

    (i) treating human ailments without referral by physical 
 therapy treatment without first having practiced one year under 
 a physician's orders as verified by the board's records; 

    (j) failure to consult with the patient's health care 
 provider who prescribed the physical therapy treatment if the 
 treatment is altered by the physical therapist from the original 
 written order.  The provision does not include written orders 
 specifying orders to "evaluate and treat"; 

    (k) treating human ailments other than by physical therapy 
 unless duly licensed or registered to do so under the laws of 
 this state; 

    (l) inappropriate delegation to a physical therapist 
 assistant or inappropriate task assignment to an aide or 
 inadequate supervision of either level of supportive personnel; 

    (m) treating human ailments other than by performing 
 physical therapy procedures unless duly licensed or registered 
 to do so under the laws of this state; 

    (n) practicing as a physical therapist performing medical 
 diagnosis, the practice of medicine as defined in section 
 147.081, or the practice of chiropractic as defined in section 
 148.01; 

    (o) failure to comply with a reasonable request to obtain 
 appropriate clearance for mental or physical conditions which 
 would interfere with the ability to practice physical therapy, 
 and which may be potentially harmful to patients; 

    (p) dividing fees with, or paying or promising to pay a 
 commission or part of the fee to, any person who contacts the 
 physical therapist for consultation or sends patients to the 
 physical therapist for treatment; 

    (q) engaging in an incentive payment arrangement, other 
 than that prohibited by clause (p), that tends to promote 
 physical therapy overutilization, whereby the referring person 
 or person who controls the availability of physical therapy 
 services to a client profits unreasonably as a result of patient 
 treatment; 

    (r) practicing physical therapy and failing to refer to a 
 licensed health care professional any patient whose medical 
 condition at the time of evaluation has been determined by the 
 physical therapist to be beyond the scope of practice of a 
 physical therapist; and 

    (s) failure to report to the board other registered 
 physical therapists who violate this section. 

    A certificate of registration to practice as a physical 
 therapist is suspended if (1) a guardian of the person of the 
 physical therapist is appointed by order of a court pursuant to 
 sections 525.54 to 525.61, for reasons other than the minority 
 of the physical therapist; or (2) the physical therapist is 
 committed by order of a court pursuant to chapter 253B.  The 
 certificate of registration remains suspended until the physical 
 therapist is restored to capacity by a court and, upon petition 
 by the physical therapist, the suspension is terminated by the 
 board of medical practice after a hearing.  

    HIST: 1951 c 479 s 11; 1967 c 119 s 1; 1969 c 6 s 27; 1969 c 
 927 s 7; 1974 c 61 s 1; 1974 c 406 s 23; 1980 c 412 s 9; 1982 c 
 581 s 24; 1985 c 182 s 2; 1986 c 444; 1987 c 384 art 2 s 1; 1988 
 c 549 s 4; 1991 c 106 s 6; 1991 c 199 art 2 s 1; 1Sp1994 c 1 art 
 2 s 11 

     148.76 Prohibited conduct. 

    Subdivision 1.  No person shall:  

    (a) use the title of physical therapist without a 
 certificate of registration as a physical therapist issued 
 pursuant to the provisions of sections 148.65 to 148.78; 

    (b) in any manner hold out as a physical therapist, or use 
 in connection with the person's name the words or letters 
 Physical Therapist, Physiotherapist, Physical Therapy 
 Technician, Registered Physical Therapist, Licensed Physical 
 Therapist, P.T., P.T.T., R.P.T., L.P.T., or any letters, words, 
 abbreviations or insignia indicating or implying that the person 
 is a physical therapist, without a certificate of registration 
 as a physical therapist issued pursuant to the provisions of 
 sections 148.65 to 148.78.  To do so is a gross misdemeanor; 

    (c) employ fraud or deception in applying for or securing a 
 certificate of registration as a physical therapist.  

    Nothing contained in sections 148.65 to 148.78 shall 
 prohibit any person licensed or registered in this state under 
 another law from carrying out the therapy or practice for which 
 the person is duly licensed or registered. 

    Subd. 2.  No physical therapist may: 

    (a) treat human ailments by physical therapy after an 
 initial 30-day period of patient admittance to treatment has 
 lapsed, except by the order or referral of a person licensed in 
 this state to practice medicine as defined in section 147.081, 
 the practice of chiropractic as defined in section 148.01, the 
 practice of podiatry as defined in section 153.01, the practice 
 of dentistry as defined in section 150A.05, or the practice of 
 advanced practice nursing as defined in section 62A.15, 
 subdivision 3a, when orders or referrals are made in 
 collaboration with a physician, chiropractor, podiatrist, or 
 dentist, and whose license is in good standing; or when a 
 previous diagnosis exists indicating an ongoing condition 
 warranting physical therapy treatment, subject to periodic 
 review defined by board of medical practice rule; 

    (b) treat human ailments by physical therapy treatment 
 without first having practiced one year under a physician's 
 orders as verified by the board's records; 

    (c) utilize any chiropractic manipulative technique whose 
 end is the chiropractic adjustment of an abnormal articulation 
 of the body; and 

    (d) treat human ailments other than by physical therapy 
 unless duly licensed or registered to do so under the laws of 
 this state. 

    HIST: 1951 c 479 s 12; 1980 c 412 s 10; 1985 c 182 s 3; 1986 c 
 444; 1988 c 549 s 5; 1991 c 106 s 6; 1991 c 199 art 2 s 1; 1998 
 c 317 s 10 

     148.77 Violations. 

    Any person violating the provisions of section 148.76 is 
 guilty of a gross misdemeanor. 

    HIST: 1951 c 479 s 13; 1980 c 412 s 12 

     148.78 Prosecution, allegations. 

    In the prosecution of any person for violation of sections 
 148.65 to 148.78 as specified in section 148.76, it shall not be 
 necessary to allege or prove want of a valid certificate of 
 registration as a physical therapist, but shall be a matter of 
 defense to be established by the accused. 

    HIST: 1951 c 749 s 14; 1980 c 412 s 13 

     148.7801 Citation. 

    Sections 148.7801 to 148.7815 may be cited as the 
 "Minnesota Athletic Trainers Act." 

    HIST: 1993 c 232 s 2 

     148.7802 Definitions. 

    Subdivision 1.    Applicability.  The definitions in 
 this section apply to this chapter. 

    Subd. 2.    Approved continuing education program.  
 "Approved continuing education program" means a continuing 
 education program that meets the continuing education 
 requirements in section 148.7812 and is approved by the board. 

    Subd. 3.    Approved education program.  "Approved 
 education program" means a university, college, or other 
 post-secondary education program of athletic training that, at 
 the time the student completes the program, is approved or 
 accredited by the National Athletic Trainers Association 
 Professional Education Committee, the National Athletic Trainers 
 Association Board of Certification, or the Joint Review 
 Committee on Educational Programs in Athletic Training in 
 collaboration with the American Academy of Family Physicians, 
 the American Academy of Pediatrics, the American Medical 
 Association, and the National Athletic Trainers Association.  

    Subd. 4.    Athlete.  "Athlete" means a person 
 participating in exercises, sports, games, or recreation 
 requiring physical strength, agility, flexibility, range of 
 motion, speed, or stamina. 

    Subd. 5.    Athletic injury.  "Athletic injury" means an 
 injury sustained by a person as a result of the person's 
 participation in exercises, sports, games, or recreation 
 requiring physical strength, agility, flexibility, range of 
 motion, speed, or stamina. 

    Subd. 6.    Athletic trainer.  "Athletic trainer" means 
 a person who engages in athletic training under section 148.7806 
 and is registered under section 148.7808. 

    Subd. 7.    Board.  "Board" means the board of medical 
 practice. 

    Subd. 8.    Credential.  "Credential" means a license, 
 permit, certification, registration, or other evidence of 
 qualification or authorization to practice as an athletic 
 trainer in this state or any other state. 

    Subd. 9.    Credentialing examination.  "Credentialing 
 examination" means an examination administered by the National 
 Athletic Trainers Association Board of Certification for 
 credentialing as an athletic trainer, or an examination for 
 credentialing offered by a national testing service that is 
 approved by the board. 

    Subd. 10.    Primary employment site.  "Primary 
 employment site" means the institution, organization, 
 corporation, or sports team where the athletic trainer is 
 employed for the practice of athletic training. 

    Subd. 11.    Primary physician.  "Primary physician" 
 means a licensed medical physician who serves as a medical 
 consultant to an athletic trainer.  

    HIST: 1993 c 232 s 3 

     148.7803 Designation of athletic trainer. 

    Subdivision 1.    Designation.  A person shall not use 
 in connection with the person's name the words or letters 
 registered athletic trainer; licensed athletic trainer; 
 Minnesota registered athletic trainer; athletic trainer; A.T.R.; 
 or any words, letters, abbreviations, or insignia indicating or 
 implying that the person is an athletic trainer, without a 
 certificate of registration as an athletic trainer issued under 
 sections 148.7808 to 148.7810.  A student attending a college or 
 university athletic training program must be identified as a 
 "student athletic trainer." 

    Subd. 2.    Penalty.  A person who violates this section 
 is guilty of a misdemeanor and subject to section 214.11. 

    HIST: 1993 c 232 s 4 

     148.7804 Powers of the board. 

    The board, acting under the advice of the athletic 
 trainer's advisory council, shall issue all registrations and 
 shall exercise the following powers and duties:  

    (1) adopt rules necessary to implement sections 148.7801 to 
 148.7815; 

    (2) prescribe registration application forms, certificate 
 of registration forms, protocol forms, and other necessary 
 forms; 

    (3) approve a registration examination; 

    (4) keep a complete record of registered athletic trainers, 
 prepare a current official listing of the names and addresses of 
 registered athletic trainers, and make a copy of the list 
 available to any person requesting it upon payment of a copying 
 fee established by the board; 

    (5) keep a permanent record of all its proceedings; and 

    (6) establish the duties of, and employ, clerical personnel.

    HIST: 1993 c 232 s 5 

     148.7805 Athletic trainer's advisory council. 

    Subdivision 1.    Creation; membership.  The athletic 
 trainer's advisory council is created and is composed of eight 
 members appointed by the board.  The advisory council consists 
 of:  

    (1) two public members as defined in section 214.02; 

    (2) three members who, except for initial appointees, are 
 registered athletic trainers, one being both a registered 
 physical therapist and registered athletic trainer as submitted 
 by the Minnesota American Physical Therapy Association; 

    (3) two members who are medical physicians licensed by the 
 state and have experience with athletic training and sports 
 medicine; and 

    (4) one member who is a doctor of chiropractic licensed by 
 the state and has experience with athletic training and sports 
 injuries. 

    Subd. 2.    Administration.  The advisory council is 
 established and administered under section 15.059.  
 Notwithstanding section 15.059, subdivision 5, the council shall 
 not expire. 

    Subd. 3.    Duties.  The advisory council shall: 

    (1) advise the board regarding standards for athletic 
 trainers; 

    (2) distribute information regarding athletic trainer 
 standards; 

    (3) advise the board on enforcement of sections 148.7801 to 
 148.7815; 

    (4) review registration and registration renewal 
 applications and make recommendations to the board; 

    (5) review complaints in accordance with sections 214.10 
 and 214.13, subdivision 6; 

    (6) review investigation reports of complaints and 
 recommend to the board whether disciplinary action should be 
 taken; 

    (7) advise the board regarding evaluation and treatment 
 protocols; 

    (8) advise the board regarding approval of continuing 
 education programs; and 

    (9) perform other duties authorized for advisory councils 
 under chapter 214, as directed by the board. 

    HIST: 1993 c 232 s 6 

     148.7806 Athletic training. 

    Athletic training by a registered athletic trainer under 
 section 148.7808 includes the activities described in paragraphs 
 (a) to (e). 

    (a) An athletic trainer shall:  

    (1) prevent, recognize, and evaluate athletic injuries; 

    (2) give emergency care and first aid; 

    (3) manage and treat athletic injuries; and 

    (4) rehabilitate and physically recondition athletic 
 injuries.  

    The athletic trainer may use modalities such as cold, heat, 
 light, sound, electricity, exercise, and mechanical devices for 
 treatment and rehabilitation of athletic injuries to athletes in 
 the primary employment site. 

    (b) The primary physician shall establish evaluation and 
 treatment protocols to be used by the athletic trainer.  The 
 primary physician shall record the protocols on a form 
 prescribed by the board.  The protocol form must be updated 
 yearly at the athletic trainer's registration renewal time and 
 kept on file by the athletic trainer. 

    (c) At the primary employment site, except in a corporate 
 setting, an athletic trainer may evaluate and treat an athlete 
 for an athletic injury not previously diagnosed for not more 
 than 30 days, or a period of time as designated by the primary 
 physician on the protocol form, from the date of the initial 
 evaluation and treatment.  Preventative care after resolution of 
 the injury is not considered treatment.  This paragraph does not 
 apply to a person who is referred for treatment by a person 
 licensed in this state to practice medicine as defined in 
 section 147.081, to practice chiropractic as defined in section 
 148.01, to practice podiatry as defined in section 153.01, or to 
 practice dentistry as defined in section 150A.05 and whose 
 license is in good standing. 

    (d) An athletic trainer may:  

    (1) organize and administer an athletic training program 
 including, but not limited to, educating and counseling 
 athletes; 

    (2) monitor the signs, symptoms, general behavior, and 
 general physical response of an athlete to treatment and 
 rehabilitation including, but not limited to, whether the signs, 
 symptoms, reactions, behavior, or general response show abnormal 
 characteristics; and 

    (3) make suggestions to the primary physician or other 
 treating provider for a modification in the treatment and 
 rehabilitation of an injured athlete based on the indicators in 
 clause (2). 

    (e) In a clinical, corporate, and physical therapy setting, 
 when the service provided is, or is represented as being, 
 physical therapy, an athletic trainer may work only under the 
 direct supervision of a physical therapist as defined in section 
 148.65.  

    HIST: 1993 c 232 s 7 

     148.7807 Limitations on practice. 

    If an athletic trainer determines that a patient's medical 
 condition is beyond the scope of practice of that athletic 
 trainer, the athletic trainer must refer the patient to a person 
 licensed in this state to practice medicine as defined in 
 section 147.081, to practice chiropractic as defined in section 
 148.01, to practice podiatry as defined in section 153.01, or to 
 practice dentistry as defined in section 150A.05 and whose 
 license is in good standing and in accordance with established 
 evaluation and treatment protocols.  An athletic trainer shall 
 modify or terminate treatment of a patient that is not 
 beneficial to the patient, or that is not tolerated by the 
 patient. 

    HIST: 1993 c 232 s 8 

     148.7808 Registration; requirements. 

    Subdivision 1.    Registration.  The board may issue a 
 certificate of registration as an athletic trainer to applicants 
 who meet the requirements under this section.  An applicant for 
 registration as an athletic trainer shall pay a fee under 
 section 148.7815 and file a written application on a form, 
 provided by the board, that includes:  

    (1) the applicant's name, social security number, home 
 address and telephone number, business address and telephone 
 number, and business setting; 

    (2) evidence satisfactory to the board of the successful 
 completion of an education program approved by the board; 

    (3) educational background; 

    (4) proof of a baccalaureate degree from an accredited 
 college or university; 

    (5) credentials held in other jurisdictions; 

    (6) a description of any other jurisdiction's refusal to 
 credential the applicant; 

    (7) a description of all professional disciplinary actions 
 initiated against the applicant in any other jurisdiction; 

    (8) any history of drug or alcohol abuse, and any 
 misdemeanor or felony conviction; 

    (9) evidence satisfactory to the board of a qualifying 
 score on a credentialing examination within one year of the 
 application for registration; 

    (10) additional information as requested by the board; 

    (11) the applicant's signature on a statement that the 
 information in the application is true and correct to the best 
 of the applicant's knowledge and belief; and 

    (12) the applicant's signature on a waiver authorizing the 
 board to obtain access to the applicant's records in this state 
 or any other state in which the applicant has completed an 
 education program approved by the board or engaged in the 
 practice of athletic training. 

    Subd. 2.    Registration by equivalency.  The board may 
 register by equivalency an applicant who: 

    (1) submits the application materials and fees required 
 under subdivision 1, clauses (1) to (8), and (10) to (12); and 

    (2) provides evidence satisfactory to the board of current 
 certification by the National Athletic Trainers Association 
 Board of Certification. 

    Applicants who were certified by the National Athletic 
 Trainers Association through the "grandfather" process prior to 
 1971 are exempt from completing subdivision 1, clauses (2) and 
 (9). 

    Subd. 3.    Registration by reciprocity.  (a) The board 
 may register by reciprocity an applicant who: 

    (1) submits the application materials and fees required 
 under subdivision 1, clauses (1) to (8) and (10) to (12); 

    (2) provides a verified copy of a current and unrestricted 
 credential for the practice of athletic training in another 
 jurisdiction that has credentialing requirements equivalent to 
 or more stringent than the requirements under subdivision 1; and 

    (3) provides letters of verification from the credentialing 
 body in each jurisdiction in which the applicant holds a 
 credential.  Each letter must include the applicant's name, date 
 of birth, credential number, date of issuance of the credential, 
 a statement regarding disciplinary actions taken against the 
 applicant, and the terms under which the credential was issued. 

    (b) An applicant for registration by reciprocity who has 
 applied for registration under subdivision 1 and meets the 
 requirements of paragraph (a), clause (1), may apply to the 
 board for temporary registration under subdivision 4.  

    Subd. 4.    Temporary registration.  (a) The board may 
 issue a temporary registration as an athletic trainer to 
 qualified applicants.  A temporary registration is issued for 
 one year.  An athletic trainer with a temporary registration may 
 qualify for full registration after submission of verified 
 documentation that the athletic trainer has achieved a 
 qualifying score on a credentialing examination within one year 
 after the date of the temporary registration.  

    (b) Except as provided in subdivision 3, paragraph (a), 
 clause (1), an applicant for temporary registration must submit 
 the application materials and fees for registration required 
 under subdivision 1, clauses (1) to (8) and (10) to (12). 

    (c) An athletic trainer with a temporary registration shall 
 work only under the direct supervision of an athletic trainer 
 registered under this section.  No more than four athletic 
 trainers with temporary registrations shall work under the 
 direction of a registered athletic trainer.  

    Subd. 5.    Registration; transition period.  (a) For 
 two years after the effective date of sections 148.7801 to 
 148.7815, an applicant who has not completed an accredited or 
 approved education program and is not certified by the National 
 Athletic Trainers Association, the Board of Certification, or 
 other national accrediting organization approved by the board, 
 may qualify for registration.  The board shall notify potential 
 applicants of the effective date of sections 148.7801 to 
 148.7815 and the final date for submitting an application for 
 registration during this transition period.  Applications for 
 registration under this subdivision shall not be accepted after 
 the expiration date of the two-year period.  

    (b) An applicant for registration during the transition 
 period must: 

    (1) submit an application and fees required under 
 subdivision 1, clauses (1) and (3) to (12); 

    (2) submit documentation from a licensed medical physician 
 verifying the athletic training services provided by the 
 applicant and that the applicant has been employed in athletic 
 training for no less than 21 hours per week for four of the five 
 years immediately preceding the application; and 

    (3) achieve a qualifying score on the written examination 
 of the National Athletic Trainers Association Board of 
 Certification during the two-year transition period. 

    HIST: 1993 c 232 s 9 

     148.7809 Registration renewal. 

    Subdivision 1.    Requirements for registration renewal. 
  A registered athletic trainer shall apply to the board for a 
 one-year extension of registration by paying a fee under section 
 148.7815 and filing an application on a form provided by the 
 board that includes:  

    (1) the athletic trainer's name, Minnesota athletic trainer 
 registration number, home address and telephone number, business 
 address and telephone number, and business setting; 

    (2) work history for the past year, including the average 
 number of hours worked per week; 

    (3) a report of any change in status since initial 
 registration or previous registration renewal; 

    (4) evidence satisfactory to the board of having met the 
 continuing education requirements of section 148.7812; 

    (5) the athletic trainer's signature on a statement that a 
 current copy of the protocol form is on file at the athletic 
 trainer's primary employment site; and 

    (6) additional information as requested by the board. 

    Subd. 2.    Registration renewal notice.  Before June 1 
 of each year, the board shall send out a renewal notice to an 
 athletic trainer's last known address on file with the board.  
 The notice shall include an application for registration renewal 
 and notice of the fees required for renewal.  An athletic 
 trainer who does not receive a renewal notice must still meet 
 the requirements for registration renewal under this section.  

    Subd. 3.    Renewal deadline.  (a) An application for 
 renewal of registration must be postmarked on or before July 1 
 of each year.  If the postmark is illegible, the application is 
 considered timely if received in the board office by the third 
 working day after July 1. 

    (b) An application for renewal of registration submitted 
 after the deadline date must include a late fee under section 
 148.7815. 

    Subd. 4.    Lapse of registration status.  An athletic 
 trainer whose registration has lapsed must: 

    (1) apply for registration renewal under this section; and 

    (2) submit evidence satisfactory to the board from a 
 licensed medical physician verifying employment in athletic 
 training for eight weeks every three years during the time of 
 the lapse in registration. 

    HIST: 1993 c 232 s 10 

     148.7810 Board action on applications. 

    Subdivision 1.    Verification of application information. 
  The board or advisory council, with the approval of the 
 board, may verify information provided by an applicant for 
 registration under section 148.7808 and registration renewal 
 under section 148.7809 to determine whether the information is 
 accurate and complete. 

    Subd. 2.    Notification of board action.  Within 120 
 days of receipt of the application, the board shall notify each 
 applicant in writing of the action taken on the application.  

    Subd. 3.    Request for hearing by applicant denied 
 registration.  An applicant denied registration shall be 
 notified of the determination, and the grounds for it, and may 
 request a hearing on the determination under Minnesota Rules, 
 part 5615.0300, by filing a written statement of issues with the 
 board within 20 days after receipt of the notice from the board. 
 After the hearing, the board shall notify the applicant in 
 writing of its decision. 

    HIST: 1993 c 232 s 11 

     148.7811 Change of address. 

    A registered athletic trainer must notify the board, in 
 writing, within 30 days of a change of address.  

    HIST: 1993 c 232 s 12 

     148.7812 Continuing education requirements. 

    Subdivision 1.    Number of contact hours required.  An 
 athletic trainer shall complete during every three-year period 
 at least the equivalent of 60 contact hours of continuing 
 professional postdegree education in programs approved by the 
 board. 

    Subd. 2.    Approved programs.  The board shall approve 
 a continuing education program that has been approved for 
 continuing education credit by the National Athletic Trainers 
 Association Board of Certification. 

    Subd. 3.    Approval of continuing education programs.  
 A continuing education program that has not been approved under 
 subdivision 2 shall be approved by the board if: 

    (1) the program content directly relates to the practice of 
 athletic training or sports medicine; 

    (2) each member of the program faculty shows expertise in 
 the subject matter by holding a degree from an accredited 
 education program, having verifiable experience in the field of 
 athletic training or sports medicine, having special training in 
 the subject area, or having experience teaching in the subject 
 area; 

    (3) the program lasts at least one contact hour; 

    (4) there are specific written objectives describing the 
 goals of the program for the participants; and 

    (5) the program sponsor maintains attendance records for 
 four years. 

    Subd. 4.    Verification of continuing education credits. 
  The board shall periodically select a random sample of 
 athletic trainers and require the athletic trainers to show 
 evidence to the board of having completed the continuing 
 education requirements attested to by the athletic trainer.  
 Either the athletic trainer or state or national organizations 
 that maintain continuing education records may provide to the 
 board documentation of attendance at a continuing education 
 program.  

    Subd. 5.    Restriction on continuing education topics.  
 To meet the continuing education requirement in subdivision 1, 
 an athletic trainer may have no more than ten hours of 
 continuing education in the areas of management, risk 
 management, personal growth, and educational techniques in a 
 three-year reporting period. 

    HIST: 1993 c 232 s 13 

     148.7813 Disciplinary process. 

    Subdivision 1.    Investigation of complaints.  Upon 
 receipt of a complaint or other communication pursuant to 
 section 214.13, subdivision 6, that alleges or implies a 
 violation of sections 148.7801 to 148.7815 by an applicant or 
 registered athletic trainer, the board shall follow the 
 procedures in section 214.10. 

    Subd. 2.    Grounds for disciplinary action.  The board 
 may impose disciplinary action as described in subdivision 3 
 against an athletic trainer whom the board, after a hearing 
 under the contested case provisions of chapter 14, determines: 

    (1) has knowingly made a false statement on a form required 
 by the board for registration or registration renewal; 

    (2) has provided athletic training services in a manner 
 that falls below the standard of care of the profession; 

    (3) has violated sections 148.7801 to 148.7815 or the rules 
 adopted under these sections; 

    (4) is or has been afflicted with any physical, mental, 
 emotional, or other disability, or addiction that, in the 
 opinion of the board, adversely affects the person's ability to 
 practice athletic training; 

    (5) has failed to cooperate with an investigation by the 
 board; 

    (6) has been convicted or has pled guilty or nolo 
 contendere to an offense that in the opinion of the board 
 reasonably relates to the practice of athletic training or that 
 bears on the athletic trainer's ability to practice athletic 
 training; 

    (7) has aided and abetted in any manner a person in 
 violating sections 148.7801 to 148.7815; 

    (8) has been disciplined by an agency or board of another 
 state while in the practice of athletic training; 

    (9) has shown dishonest, unethical, or unprofessional 
 conduct while in the practice of athletic training that is 
 likely to deceive, defraud, or harm the public; 

    (10) has violated a state or federal law, rule, or 
 regulation that in the opinion of the board reasonably relates 
 to the practice of athletic training; 

    (11) has behaved in a sexual manner or what may reasonably 
 be interpreted by a patient as sexual, or was verbally seductive 
 or sexually demeaning to a patient; 

    (12) has misused alcohol, drugs, or controlled substances; 
 or 

    (13) has violated an order issued by the board. 

    Subd. 3.    Disciplinary actions.  When grounds for 
 disciplinary action exist under subdivision 2, the board may 
 take one or more of the following actions: 

    (1) deny the right to practice; 

    (2) revoke the right to practice; 

    (3) suspend the right to practice; 

    (4) impose limitations on the practice of the athletic 
 trainer; 

    (5) impose conditions on the practice of the athletic 
 trainer; 

    (6) impose a civil penalty not exceeding $10,000 for each 
 separate violation, the amount of the civil penalty to be fixed 
 so as to deprive the athletic trainer of any economic advantage 
 gained by reason of the violation charged, or to discourage 
 repeated violations; 

    (7) censure or reprimand the athletic trainer; or 

    (8) take any other action justified by the facts of the 
 case. 

    Subd. 4.    Reinstatement.  An athletic trainer who has 
 had registration revoked cannot apply for reinstatement.  A 
 suspended athletic trainer shall be reinstated upon evidence 
 satisfactory to the board of fulfillment of the terms of 
 suspension.  All requirements of section 148.7809 to renew 
 registration, if applicable, must also be met before 
 reinstatement. 

    HIST: 1993 c 232 s 14 

     148.7814 Applicability. 

    Sections 148.7801 to 148.7815 do not apply to persons who 
 are certified as athletic trainers by the National Athletic 
 Trainers Association Board of Certification and come into 
 Minnesota for a specific athletic event or series of athletic 
 events with an individual or group.  

    HIST: 1993 c 232 s 15 

     148.7815 Fees. 

    Subdivision 1.    Registration fee.  The fee for 
 registration under section 148.7808 and annual renewal under 
 section 148.7809 is $100.  

    Subd. 2.    Proration of fees.  The board shall prorate 
 the fees for registration under section 148.7808 as follows: 

    (1) applicants for initial registration between July 1 and 
 December 31 shall pay the full registration fee; and 

    (2) applicants for initial registration between January 1 
 and June 30 shall pay one-half the registration fee. 

    Athletic trainers registered under section 148.7808 are 
 required to pay the full fee upon registration renewal. 

    Subd. 3.    Penalty for a late application for 
 registration renewal.  The penalty for late submission of a 
 registration renewal application under section 148.7809 is $15. 

    Subd. 4.    Nonrefundable fees.  The fees in this 
 section are nonrefundable. 

    HIST: 1993 c 232 s 16 

  148.79 Repealed, 1973 c 685 s 14; 1976 c 2 s 67 

  148.80 Repealed, 1973 c 685 s 14 

  148.81 Repealed, 1973 c 685 s 14; 1974 c 406 s 91 

  148.82 Repealed, 1973 c 685 s 14 

  148.83 Repealed, 1973 c 685 s 14 

  148.84 Repealed, 1973 c 685 s 14 

  148.85 Repealed, 1973 c 685 s 14; 1976 c 2 s 67 

  148.86 Repealed, 1973 c 685 s 14 

  148.87 Repealed, 1976 c 2 s 66 

     148.88 Citation. 

    Sections 148.88 to 148.98 and the rules adopted under them, 
 shall be cited as the Minnesota Psychology Practice Act. 

    HIST: 1973 c 685 s 1; 1Sp1981 c 4 art 1 s 81; 1991 c 255 s 3; 
 1996 c 424 s 2 

     148.881 Declaration of policy. 

    The practice of psychology in Minnesota affects the public 
 health, safety, and welfare.  The regulations in sections 148.88 
 to 148.98 protect the public from the practice of psychology by 
 unqualified persons and from unethical or unprofessional conduct 
 by persons licensed to practice psychology. 

    HIST: 1991 c 255 s 4; 1996 c 424 s 3 

     148.89 Definitions. 

    Subdivision 1.    Applicability.  For the purposes of 
 sections 148.88 to 148.98, the following terms have the meanings 
 given them.  

    Subd. 2.    Board of psychology or board.  "Board of 
 psychology" or "board" means the board established under section 
 148.90. 

    Subd. 2a.    Client.  "Client" means each person or 
 legal, religious, academic, organizational, business, 
 governmental, or other entity that receives, received, or should 
 have received, or arranged for another entity to receive 
 services from a person regulated under sections 148.88 to 
 148.98.  For the purposes of sections 148.88 to 148.98, "client" 
 may include patient, resident, counselee, evaluatee, and, as 
 limited in the rules of conduct, student, supervisee, or 
 research subject.  In the case of dual clients, the psychologist 
 must be aware of the responsibilities to each client, and of the 
 potential for divergent interests of each client. 

    Subd. 3.    Independent practice.  "Independent practice"
 means the practice of psychology without supervision. 

    Subd. 4.    Licensee.  "Licensee" means a person who is 
 licensed by the board as a licensed psychologist or as a 
 psychological practitioner. 

    Subd. 5.    Practice of psychology.  "Practice of 
 psychology" means the observation, description, evaluation, 
 interpretation, and modification of human behavior by the 
 application of psychological principles, methods, and 
 procedures, to prevent or eliminate symptomatic, maladaptive, or 
 undesired behavior and to enhance interpersonal relationships, 
 work and life adjustment, personal and organizational 
 effectiveness, behavioral health, and mental health.  The 
 practice of psychology includes, but is not limited to, the 
 following services, regardless of whether the provider receives 
 payment for the services: 

    (1) psychological research, psychological testing, teaching 
 of psychology, and the evaluation or assessment of personal 
 characteristics such as intelligence, personality, abilities, 
 interests, aptitudes, and neuropsychological functioning; 

    (2) counseling, psychoanalysis, psychotherapy, hypnosis, 
 biofeedback, and diagnosis and treatment of:  

    (i) mental and emotional disorder or disability; 

    (ii) alcoholism and substance abuse; 

    (iii) disorders of habit or conduct; 

    (iv) the psychological aspects of physical illness or 
 condition, accident, injury, or disability; 

    (v) bereavement issues; 

    (vi) family or relationship issues; and 

    (vii) work-related issues; and 

    (3) psychoeducational evaluation, therapy, remediation, and 
 consultation.  

    Subd. 6. Repealed, 1996 c 424 s 24 

    Subd. 7. Repealed, 1996 c 424 s 24 

    Subd. 8. Repealed, 1996 c 424 s 24 

    HIST: 1973 c 685 s 2; 1991 c 255 s 5; 1993 c 206 s 13; 1996 c 
 424 s 4,5 

     148.90 Board of psychology. 

    Subdivision 1.    Board of psychology.  (a) The board of 
 psychology is created with the powers and duties described in 
 this section.  The board has 11 members who consist of: 

    (1) three persons licensed as licensed psychologists who 
 have a doctoral degree in psychology; 

    (2) two persons licensed as licensed psychologists who have 
 a master's degree in psychology; 

    (3) two psychologists, not necessarily licensed, one with a 
 doctoral degree in psychology who represents a doctoral training 
 program in psychology, and one who represents a master's degree 
 training program in psychology; 

    (4) one person licensed or qualified to be licensed as a 
 psychological practitioner; and 

    (5) three public members. 

    (b) After the date on which fewer than 30 percent of the 
 persons licensed by the board as licensed psychologists qualify 
 for licensure under section 148.907, subdivision 3, paragraph 
 (b), the first vacancy filled under paragraph (a), clause (2), 
 shall be filled by a person licensed or qualified to be licensed 
 as a licensed psychological practitioner.  From this date on, 
 this position when vacant shall be filled by a person licensed 
 or qualified to be licensed as a licensed psychological 
 practitioner. 

    (c) After the date on which fewer than 15 percent of the 
 persons licensed by the board as licensed psychologists qualify 
 for licensure under section 148.907, subdivision 3, paragraph 
 (b), the first vacancy under paragraph (a), clause (2), for a 
 licensed psychologist with a master's degree in psychology shall 
 be filled by a licensed psychologist.  From this date on, this 
 position when vacant shall be filled by a person licensed as a 
 licensed psychologist. 

    Subd. 2.    Members.  (a) The members of the board shall:

    (1) be appointed by the governor; 

    (2) be residents of the state; 

    (3) serve for not more than two consecutive terms; 

    (4) designate the officers of the board; and 

    (5) administer oaths pertaining to the business of the 
 board. 

    (b) A public member of the board shall represent the public 
 interest and shall not: 

    (1) be a psychologist, psychological practitioner, or have 
 engaged in the practice of psychology; 

    (2) be an applicant or former applicant for licensure; 

    (3) be a member of another health profession; 

    (4) be a member of a household that includes a psychologist 
 or psychological practitioner; or 

    (5) have conflicts of interest or the appearance of 
 conflicts with duties as a board member. 

    Subd. 3.    Terms; compensation; removal of members.  
 Membership terms, compensation of members, removal of members, 
 the filling of membership vacancies, and fiscal year and 
 reporting requirements shall be as provided in chapter 214.  The 
 provision of staff, administrative services and office space; 
 the review and processing of complaints; the setting of board 
 fees; and other activities relating to board operations shall be 
 conducted according to chapter 214. 

    Subd. 4.  Repealed, 1975 c 136 s 77 

    Subd. 5.  Repealed, 1975 c 136 s 77 

    HIST: 1973 c 685 s 3; 1975 c 136 s 22,23; 1975 c 271 s 6; 1976 
 c 222 s 67; 1982 c 424 s 130; 1991 c 199 art 1 s 43; 1991 c 255 
 s 6; 1996 c 424 s 6,7 

     148.905 Duties of the board. 

    Subdivision 1.    General.  The board shall: 

    (1) adopt and enforce rules for licensing psychologists and 
 psychological practitioners and for regulating their 
 professional conduct; 

    (2) adopt and enforce rules of conduct governing the 
 practice of psychology; 

    (3) adopt and implement rules for examinations which shall 
 be held at least once a year to assess applicants' knowledge and 
 skills.  The examinations may be written or oral or both, and 
 may be administered by the board or by institutions or 
 individuals designated by the board; 

    (4) issue licenses to individuals qualified under sections 
 148.907 and 148.908, according to the procedures for licensing 
 in Minnesota Rules; 

    (5) issue copies of the rules for licensing to all 
 applicants; 

    (6) establish and maintain annually a register of current 
 licenses; 

    (7) establish and collect fees for the issuance and renewal 
 of licenses and other services by the board.  Fees shall be set 
 to defray the cost of administering the provisions of sections 
 148.88 to 148.98 including costs for applications, examinations, 
 enforcement, materials, and the operations of the board; 

    (8) educate the public about the requirements for licensing 
 of psychologists and of psychological practitioners and about 
 the rules of conduct, to enable the public to file complaints 
 against applicants or licensees who may have violated the 
 Psychology Practice Act; and 

    (9) adopt and implement requirements for continuing 
 education and establish or approve programs that qualify for 
 professional psychology continuing educational credit.  The 
 board may hire consultants, agencies, or professional 
 psychological associations to establish and approve continuing 
 education courses. 

    Subd. 2.    Additional powers.  The board may adopt 
 rules necessary to define standards or to carry out the 
 provisions of sections 148.88 to 148.98.  Rules shall be adopted 
 according to chapter 14. 

    HIST: 1991 c 255 s 7; 1993 c 206 s 14; 1996 c 424 s 8 

     148.906 Levels of practice. 

    The board may grant licenses for levels of psychological 
 practice to be known as (1) licensed psychologist and (2) 
 licensed psychological practitioner. 

    HIST: 1996 c 424 s 9 

     148.907 Licensed psychologist. 

    Subdivision 1.    Effective date.  After August 1, 1991, 
 no person shall engage in the independent practice of psychology 
 unless that person is licensed as a licensed psychologist. 

    Subd. 2.    Requirements for licensure as a licensed 
 psychologist.  To become licensed by the board as a licensed 
 psychologist, an applicant shall comply with the following 
 requirements: 

    (1) pass an examination in psychology; 

    (2) pass a professional responsibility examination on the 
 practice of psychology; 

    (3) pass any other examinations as required by board rules; 

    (4) pay nonrefundable fees to the board for applications, 
 processing, testing, renewals, and materials; 

    (5) have attained the age of majority, be of good moral 
 character, and have no unresolved disciplinary action or 
 complaints pending in the state of Minnesota or any other 
 jurisdiction; 

    (6) have earned a doctoral degree with a major in 
 psychology from a regionally accredited educational institution 
 meeting the standards the board has established by rule; and 

    (7) have completed at least one full year or the equivalent 
 in part time of postdoctoral supervised psychological employment.

    Subd. 3.    Master's level licensure as a licensed 
 psychologist after August 1, 1991.  (a) A person licensed in 
 this state as a licensed consulting psychologist or a licensed 
 psychologist before August 1, 1991, qualifies for licensure as a 
 licensed psychologist, as described in subdivision 2, at the 
 time of license renewal. 

    (b) Providing all other licensure requirements have been 
 satisfactorily met, the board shall grant licensure as a 
 licensed psychologist to a person who: 

    (1) before November 1, 1991, entered a graduate program at 
 a regionally accredited educational institution granting a 
 master's or doctoral degree with a major in psychology which 
 meets the standards the board has established by rule; 

    (2) before December 31, 1997, earned a master's degree or a 
 master's equivalent in a doctoral program at a regionally 
 accredited educational institution and complied with 
 requirements of subdivision 2, clauses (1) to (5), except that 
 the nonrefundable fees for licensure are payable at the time an 
 application for licensure is submitted; and 

    (3) before December 31, 1998, completed at least one full 
 year or the equivalent in part time of post-master's supervised 
 psychological employment. 

    (c) Notwithstanding paragraph (b), the board shall not 
 grant licensure as a licensed psychologist under this 
 subdivision unless the applicant demonstrates that the applicant 
 was a resident of Minnesota on October 31, 1992, and meets all 
 the requirements for licensure under this subdivision. 

    Subd. 4.    Converting from master's to doctoral level 
 licensure.  To convert from licensure as a licensed 
 psychologist at the master's or master's equivalent level to 
 licensure at the doctoral level, a licensed psychologist shall 
 have: 

    (1) completed an application provided by the board; 

    (2) had an official transcript documenting the conferral of 
 the doctoral degree sent directly from the educational 
 institution to the board; 

    (3) paid a nonrefundable fee; 

    (4) successfully completed one full year or the equivalent 
 in part time of supervised psychological employment, which shall 
 not include a predoctoral internship, after earning a master's 
 degree or a master's equivalent in a doctoral program; 

    (5) successfully completed a predoctoral internship meeting 
 the standards the board has established by rule; and 

    (6) earned a doctoral degree with a major in psychology 
 from a regionally accredited educational institution meeting the 
 standards the board has established by rule. 

    HIST: 1996 c 424 s 10; 1997 c 102 s 1-3; 1997 c 134 s 1,2 

     148.908 Licensed psychological practitioner. 

    Subdivision 1.    Scope of practice.  A licensed 
 psychological practitioner shall practice only under supervision 
 that satisfies the requirements of section 148.925 and while 
 employed by either a licensed psychologist or a health care or 
 social service agency which employs or contracts with a 
 supervising licensed psychologist who shares clinical 
 responsibility for the care provided by the licensed 
 psychological practitioner. 

    Subd. 2.    Requirements for licensure as a licensed 
 psychological practitioner.  To become licensed by the board 
 as a licensed psychological practitioner, an applicant shall 
 comply with the following requirements: 

    (1) pass an examination in psychology; 

    (2) pass a professional responsibility examination on the 
 practice of psychology; 

    (3) pass any other examinations as required by board rules; 

    (4) pay nonrefundable fees to the board for applications, 
 processing, testing, renewals, and materials; 

    (5) have attained the age of majority, be of good moral 
 character, and have no unresolved disciplinary action or 
 complaints pending in the state of Minnesota or any other 
 jurisdiction; and 

    (6) have earned a doctoral or master's degree or the 
 equivalent of a master's degree in a doctoral program with a 
 major in psychology from a regionally accredited educational 
 institution meeting the standards the board has established by 
 rule. 

    HIST: 1996 c 424 s 11; 1997 c 134 s 3 

     148.909 Licensure for volunteer practice. 

    The board, at its discretion, may grant licensure for 
 volunteer practice to an applicant who: 

    (1) is a former licensee who is completely retired from the 
 practice of psychology; 

    (2) has no unresolved disciplinary action or complaints 
 pending in the state of Minnesota or any other jurisdiction; and 

    (3) has held a license, certificate, or registration to 
 practice psychology in any jurisdiction for at least 15 years. 

    HIST: 1997 c 102 s 4 

  148.91 Repealed, 1996 c 424 s 24 

     148.911 Continuing education. 

    Upon application for license renewal, a licensee shall 
 provide the board with satisfactory evidence that the licensee 
 has completed continuing education requirements established by 
 the board.  Continuing education programs shall be approved 
 under section 148.905, subdivision 1, clause (9).  The board 
 shall establish by rule the number of continuing education 
 training hours required each year and may specify subject or 
 skills areas that the licensee shall address.  

    HIST: 1991 c 255 s 9; 1996 c 424 s 12 

     148.915 Reciprocity. 

    The board may grant a license to a diplomate of the 
 American Board of Professional Psychology or to any person who 
 at the time of application is licensed, certified, or registered 
 to practice psychology by a board of another state and who meets 
 the licensure requirements under section 148.907, subdivision 
 2.  The board, at its discretion, may elect not to require the 
 examination in psychology under section 148.907, subdivision 2, 
 clause (1), if the person was licensed in another state before 
 the examination was required for licensure in that state.  The 
 board, at its discretion, may grant a license as a licensed 
 psychologist to a person who at the time of application is 
 licensed, certified, or registered at the doctoral level for at 
 least 15 years to practice psychology in another jurisdiction, 
 and has had no disciplinary action taken against the license, 
 certificate, or registration during the person's entire period 
 of licensure, certification, or registration, but who has 
 completed fewer than two years of postdegree supervised 
 employment.  An applicant seeking licensure under this section 
 shall pass a professional responsibility examination on the 
 practice of psychology and any other examinations as required by 
 the board. 

    HIST: 1996 c 424 s 13 

     148.916 Guest licensure. 

    Subdivision 1.    Generally.  If a nonresident of the 
 state of Minnesota, who is not seeking licensure in this state, 
 and who has been issued a license, certificate, or registration 
 by another jurisdiction to practice psychology at the doctoral 
 level, wishes to practice in Minnesota for more than seven 
 calendar days, the person shall apply to the board for guest 
 licensure, provided that the psychologist's practice in 
 Minnesota is limited to no more than 30 days per calendar year.  
 Application under this section shall be made no less than 30 
 days prior to the expected date of practice in Minnesota and 
 shall be subject to approval by the board or its designee.  The 
 board shall charge a nonrefundable fee for guest licensure.  The 
 board shall adopt rules to implement this section. 

    Subd. 2.    Psychological consultations.  
 Notwithstanding subdivision 1, a nonresident of the state of 
 Minnesota, who is not seeking licensure in this state, may serve 
 as an expert witness, presenter, or educator without obtaining 
 guest licensure, provided the person is appropriately trained, 
 educated, or has been issued a license, certificate, or 
 registration by another jurisdiction. 

    Subd. 3.    Disaster or emergency relief workers.  The 
 requirements of subdivision 1 do not apply to psychologists sent 
 to this state for the sole purpose of responding to a disaster 
 or emergency relief effort of this state government, the federal 
 government, the American Red Cross, or other disaster or 
 emergency relief organization as long as the psychologist is not 
 practicing in Minnesota for longer than 30 days and the American 
 Red Cross, disaster or emergency relief organization, or 
 government can certify the psychologist's assignment in this 
 state.  The board or its designee, at its discretion, may grant 
 an extension to the 30-day time limitation of this subdivision. 

    Subd. 4.    Prohibitions and sanctions.  A person's 
 privilege to practice under this section is subject to the 
 prohibitions and sanctions for unprofessional or unethical 
 conduct contained in Minnesota laws and rules. 

    HIST: 1996 c 424 s 14 

  148.92 Repealed, 1991 c 255 s 20 

  148.921 Repealed, 1996 c 424 s 24 

     148.925 Supervision. 

    Subdivision 1. Renumbered subd 3 

    Subdivision 1.    Supervision.  For the purpose of 
 meeting the requirements of this section, supervision means 
 documented in-person consultation between either:  (1) a 
 supervising licensed psychologist and a licensed psychological 
 practitioner; or (2) a supervising licensed psychologist or a 
 mental health professional designated by the supervising 
 licensed psychologist and an applicant for licensure as a 
 licensed psychologist.  The supervision shall be adequate to 
 assure the quality and competence of the activities supervised.  
 Supervisory consultation shall include discussions on the nature 
 and content of the practice of the supervisee, including, but 
 not limited to, a review of a representative sample of 
 psychological services in the supervisee's practice.  

    Subd. 2.  Paragraph (a) renumbered subd 4 

    Subd. 2.  Paragraph (b) renumbered subd 5 

    Subd. 2.    Supervised psychological employment.  
 Supervised psychological employment means paid or volunteer work 
 experience and postdegree training of a person seeking to be 
 licensed as a licensed psychologist that involves the 
 professional oversight by a licensed psychologist and satisfies 
 the supervision requirements in subdivision 5. 

    Subd. 3.  Renumbered subd 7 

    Subd. 3.    Persons qualified to provide supervision.  
 (a) Supervision of a master's level applicant for licensure as a 
 licensed psychologist shall be provided by a person: 

    (1) who is a licensed psychologist with competencies both 
 in supervision in the practice of psychology and in the 
 activities being supervised; 

    (2) who has a doctoral degree with a major in psychology, 
 who is employed by a regionally accredited educational 
 institution or employed by a federal, state, county, or local 
 government institution, agency, or research facility, and who 
 has competencies both in supervision in the practice of 
 psychology and in the activities being supervised, provided the 
 supervision is being provided and the activities being 
 supervised occur within that regionally accredited educational 
 institution or federal, state, county, or local government 
 institution, agency, or research facility; or 

    (3) who is eligible for licensure as a licensed 
 psychologist by reciprocity with competencies both in 
 supervision in the practice of psychology and in the activities 
 being supervised.  

    (b) Supervision of a doctoral level applicant for licensure 
 as a licensed psychologist shall be provided by a person: 

    (1) who is a licensed psychologist with a doctoral degree 
 and with competencies both in supervision in the practice of 
 psychology and in the activities being supervised; 

    (2) who has a doctoral degree with a major in psychology, 
 who is employed by a regionally accredited educational 
 institution or is employed by a federal, state, county, or local 
 government institution, agency, or research facility, and who 
 has competencies both in supervision in the practice of 
 psychology and in the activities being supervised, provided the 
 supervision is being provided and the activities being 
 supervised occur within that regionally accredited educational 
 institution or federal, state, county, or local government 
 institution, agency, or research facility; 

    (3) who is eligible for licensure by reciprocity with 
 competencies both in supervision in the practice of psychology 
 and in the activities being supervised; or 

    (4) who is a licensed psychologist who was licensed before 
 August 1, 1991, with competencies both in supervision in the 
 practice of psychology and in the activities being supervised. 

    Subd. 4.    Supervisory consultation for a licensed 
 psychological practitioner.  Supervisory consultation between 
 a supervising licensed psychologist and a supervised licensed 
 psychological practitioner shall be at least one hour in 
 duration and shall occur on an individual, in-person basis.  A 
 minimum of one hour of supervision per month is required for the 
 initial 20 or fewer hours of psychological services delivered 
 per month.  For each additional 20 hours of psychological 
 services delivered per month, an additional hour of supervision 
 per month is required.  When more than 20 hours of psychological 
 services are provided in a week, no more than one hour of 
 supervision is required per week. 

    Subd. 5.    Supervisory consultation for an applicant for 
 licensure as a licensed psychologist.  Supervision of an 
 applicant for licensure as a licensed psychologist shall include 
 at least two hours of regularly scheduled in-person 
 consultations per week for full-time employment, one hour of 
 which shall be with the supervisor on an individual basis.  The 
 remaining hour may be with other master's or doctoral prepared 
 mental health professionals designated by the supervisor.  The 
 board may approve an exception to the weekly supervision 
 requirement for a week when the supervisor was ill or otherwise 
 unable to provide supervision.  The board may prorate the two 
 hours per week of supervision for persons preparing for 
 licensure on a part-time basis.  Supervised psychological 
 employment does not qualify for licensure when the supervisory 
 consultation is not adequate as described in subdivision 1, or 
 in the board rules. 

    Subd. 6.    Supervisee duties.  Persons preparing for 
 licensure as a licensed psychologist during their postdegree 
 supervised employment may perform as part of their training any 
 functions specified in section 148.89, but only under qualified 
 supervision. 

    Subd. 7.    Variance from supervision requirements.  (a) 
 An applicant for licensure as a licensed psychologist who 
 entered supervised employment before August 1, 1991, may request 
 a variance from the board from the supervision requirements in 
 this section in order to continue supervision under the board 
 rules in effect before August 1, 1991. 

    (b) The board shall grant a variance from the supervision 
 requirements of subdivision 4 to a licensed psychological 
 practitioner who presents evidence of: 

    (1) completion of two full years or the equivalent of 
 supervised post-master's degree employment, meeting the 
 requirements of subdivision 5 as it relates to preparation for 
 licensure as a licensed psychologist; 

    (2) endorsement for specific areas of competency by the 
 licensed psychologist who provided the two years of supervision; 

    (3) employment by a hospital or by a community mental 
 health center or nonprofit mental health clinic or social 
 service agency providing services as a part of the mental health 
 service plan required by the Comprehensive Mental Health Act; 

    (4) the employer's acceptance of clinical responsibility 
 for the care provided by the licensed psychological 
 practitioner; and 

    (5) a plan which is satisfactory to the board for 
 supervising the work of the licensed psychological practitioner. 

    (c) After December 31, 1993, the variance allowed under 
 this section must be deemed to have been granted to an 
 individual who previously received a variance under paragraph 
 (b) and is seeking a new variance because of a change of 
 employment to a different employer or employment setting.  The 
 deemed variance continues until the board either grants or 
 denies the variance.  An individual who has been denied a 
 variance under this section is entitled to appeal the decision 
 using a contested case hearing.  The individual must request a 
 hearing within 30 days after service by regular mail that the 
 request for a variance has been denied.  A deemed variance under 
 this paragraph continues until the contested case proceeding has 
 been resolved. 

    HIST: 1991 c 255 s 11; 1992 c 513 art 6 s 31-33; 1993 c 206 s 
 17; 1996 c 424 s 15; 1997 c 134 s 4 

  148.93 Repealed, 1996 c 424 s 24 

  148.94 Repealed, 1976 c 222 s 209 

     148.941 Disciplinary action; investigation; penalty for 
  violation. 

    Subdivision 1.    Generally.  Except as otherwise 
 described in this section, all hearings shall be conducted under 
 chapter 14. 

    Subd. 2.    Grounds for disciplinary action; forms of 
 disciplinary action.  (a) The board may impose disciplinary 
 action as described in paragraph (b) against an applicant or 
 licensee whom the board, by a preponderance of the evidence, 
 determines:  

    (1) has violated a statute, rule, or order that the board 
 issued or is empowered to enforce; 

    (2) has engaged in fraudulent, deceptive, or dishonest 
 conduct, whether or not the conduct relates to the practice of 
 psychology, that adversely affects the person's ability or 
 fitness to practice psychology; 

    (3) has engaged in unprofessional conduct or any other 
 conduct which has the potential for causing harm to the public, 
 including any departure from or failure to conform to the 
 minimum standards of acceptable and prevailing practice without 
 actual injury having to be established; 

    (4) has been convicted of or has pled guilty or nolo 
 contendere to a felony or other crime, an element of which is 
 dishonesty or fraud, or has been shown to have engaged in acts 
 or practices tending to show that the applicant or licensee is 
 incompetent or has engaged in conduct reflecting adversely on 
 the applicant's or licensee's ability or fitness to engage in 
 the practice of psychology; 

    (5) has employed fraud or deception in obtaining or 
 renewing a license, or in passing an examination; 

    (6) has had a psychology license, certificate, 
 registration, privilege to take an examination, or other similar 
 authority denied, revoked, suspended, canceled, limited, or not 
 renewed for cause in any jurisdiction; 

    (7) has failed to meet any requirement for the issuance or 
 renewal of the person's license.  The burden of proof is on the 
 applicant or licensee to demonstrate the qualifications or 
 satisfy the requirements for a license under the Psychology 
 Practice Act; 

    (8) has failed to cooperate with an investigation of the 
 board as required under subdivision 4; 

    (9) has demonstrated an inability to practice psychology 
 with reasonable skill and safety to clients due to any mental or 
 physical illness or condition; or 

    (10) has engaged in fee splitting.  This clause does not 
 apply to the distribution of revenues from a partnership, group 
 practice, nonprofit corporation, or professional corporation to 
 its partners, shareholders, members, or employees if the 
 revenues consist only of fees for services performed by the 
 licensee or under a licensee's administrative authority.  Fee 
 splitting includes, but is not limited to: 

    (i) paying, offering to pay, receiving, or agreeing to 
 receive a commission, rebate, or remuneration, directly or 
 indirectly, primarily for the referral of clients; 

    (ii) dividing fees with another person or a professional 
 corporation, unless the division is in proportion to the 
 services provided and the responsibility assumed by each 
 professional; 

    (iii) referring a client to any health care provider as 
 defined in section 144.335 in which the referring licensee has a 
 significant financial interest unless the licensee has disclosed 
 in advance to the client the licensee's own financial interest; 
 and 

    (iv) dispensing for profit any instrument, test, procedure, 
 or device, unless the licensee has disclosed in advance to the 
 client the licensee's own profit interest.  

    (b) If grounds for disciplinary action exist under 
 paragraph (a), the board may take one or more of the following 
 actions: 

    (1) refuse to grant or renew a license; 

    (2) revoke a license; 

    (3) suspend a license; 

    (4) impose limitations or conditions on a licensee's 
 practice of psychology, including, but not limited to, limiting 
 the scope of practice to designated competencies, imposing 
 retraining or rehabilitation requirements, requiring the 
 licensee to practice under supervision, or conditioning 
 continued practice on the demonstration of knowledge or skill by 
 appropriate examination or other review of skill and competence; 

    (5) censure or reprimand the licensee; 

    (6) refuse to permit an applicant to take the licensure 
 examination or refuse to release an applicant's examination 
 grade if the board finds that it is in the public interest; or 

    (7) impose a civil penalty not exceeding $5,000 for each 
 separate violation.  The amount of the penalty shall be fixed so 
 as to deprive the applicant or licensee of any economic 
 advantage gained by reason of the violation charged, or to 
 discourage repeated violations.  

    (c) In lieu of or in addition to paragraph (b), the board 
 may require, as a condition of continued licensure, termination 
 of suspension, reinstatement of license, examination, or release 
 of examination grades, that the applicant or licensee: 

    (1) submit to a quality review, as specified by the board, 
 of the applicant's or licensee's ability, skills, or quality of 
 work; and 

    (2) complete to the satisfaction of the board educational 
 courses specified by the board. 

    (d) Service of the order is effective if the order is 
 served on the applicant, licensee, or counsel of record 
 personally or by mail to the most recent address provided to the 
 board for the licensee, applicant, or counsel of record.  The 
 order shall state the reasons for the entry of the order. 

    Subd. 3.    Temporary suspension of license.  (a) In 
 addition to any other remedy provided by law, the board may 
 temporarily suspend the credentials of a licensee after 
 conducting a preliminary inquiry to determine if the board 
 reasonably believes that the licensee has violated a statute or 
 rule that the board is empowered to enforce and continued 
 practice by the licensee would create an imminent risk of harm 
 to others.  

    (b) The order may prohibit the licensee from engaging in 
 the practice of psychology in whole or in part and may condition 
 the end of a suspension on the licensee's compliance with a 
 statute, rule, or order that the board has issued or is 
 empowered to enforce. 

    (c) The order shall give notice of the right to a hearing 
 pursuant to this subdivision and shall state the reasons for the 
 entry of the order. 

    (d) Service of the order is effective when the order is 
 served on the licensee personally or by certified mail which is 
 complete upon receipt, refusal, or return for nondelivery to the 
 most recent address provided to the board for the licensee.  

    (e) At the time the board issues a temporary suspension 
 order, the board shall schedule a hearing to be held before its 
 own members which shall begin no later than 60 days after 
 issuance of the temporary suspension order or within 15 working 
 days of the date of the board's receipt of a request for hearing 
 by a licensee on the sole issue of whether there is a reasonable 
 basis to continue, modify, or lift the temporary suspension.  
 This hearing is not subject to chapter 14.  Evidence presented 
 by the board or the licensee shall be in affidavit form only.  
 The licensee or counsel of record may appear for oral argument. 

    (f) Within five working days of the hearing, the board 
 shall issue its order and, if the suspension is continued, 
 schedule a contested case hearing within 30 days of the issuance 
 of the order.  Notwithstanding chapter 14, the administrative 
 law judge shall issue a report within 30 days after closing the 
 contested case hearing record.  The board shall issue a final 
 order within 30 days of receipt of the administrative law 
 judge's report. 

    Subd. 4.    Cooperation of applicants or licensees with 
 investigations.  (a) An applicant or licensee of the board who 
 is the subject of an investigation or who is questioned in 
 connection with an investigation by or on behalf of the board 
 shall cooperate fully with the investigation.  Cooperation 
 includes responding fully and promptly to any question raised by 
 or on behalf of the board relating to the subject of the 
 investigation, executing all releases requested by the board, 
 providing copies of client records, as reasonably requested by 
 the board to assist it in its investigation, and appearing at 
 conferences or hearings scheduled by the board or its staff.  

    (b) If the board does not have a written consent from a 
 client permitting access to the client's records, the licensee 
 may delete any data in the record which identify the client 
 before providing it to the board.  The board shall maintain any 
 records obtained pursuant to this section as investigative data 
 pursuant to chapter 13. 

    Subd. 5.    Evidence of past sexual conduct.  In a 
 proceeding for the suspension or revocation of a license or 
 other disciplinary action for unethical or unprofessional 
 conduct involving sexual contact with a client or former client, 
 the board or administrative law judge shall not consider 
 evidence of the client's previous sexual conduct nor shall any 
 reference to this conduct be made during the proceedings or in 
 the findings, except by motion of the client, unless the 
 evidence would be admissible under applicable provisions of 
 section 609.347, subdivision 3. 

    Subd. 6.    Violation.  Persons who engage in the 
 unlicensed practice of psychology or who misrepresent themselves 
 as psychologists or psychological practitioners are guilty of a 
 misdemeanor. 

    HIST: 1993 c 206 s 18; 1996 c 424 s 16-19; 1997 c 134 s 5 

  148.95 Repealed, 1993 c 206 s 25 

  148.951 Repealed, 1996 c 424 s 24 

     148.96 Presentation to public. 

    Subdivision 1.    Requirements for professional 
 identification.  All licensees, when representing themselves 
 in activities relating to the practice of psychology, including 
 in written materials or advertising, shall identify the academic 
 degree upon which their licensure is based, as well as their 
 level of licensure.  Individuals licensed on the basis of the 
 equivalent of a master's degree in a doctoral program shall 
 similarly use the designation "M. Eq." to identify the 
 educational status on which their licensure is based, as well as 
 their level of licensure. 

    Subd. 2.    Disclosure of education.  At the initial 
 meeting, a licensee shall display or make available to each new 
 client accurate information about the qualifications and 
 competencies of the licensee, in accordance with regulations of 
 the board. 

    Subd. 3.    Requirements for representations to the 
 public.  (a) Unless licensed under sections 148.88 to 148.98, 
 except as provided in paragraphs (b) through (e), persons shall 
 not represent themselves or permit themselves to be represented 
 to the public by: 

    (1) using any title or description of services 
 incorporating the words "psychology," "psychological," 
 "psychological practitioner," or "psychologist"; or 

    (2) representing that the person has expert qualifications 
 in an area of psychology. 

    (b) Psychologically trained individuals who are employed by 
 an educational institution recognized by a regional accrediting 
 organization, by a federal, state, county, or local government 
 institution, agencies, or research facilities, may represent 
 themselves by the title designated by that organization. 

    (c) A psychologically trained individual from an 
 institution described in paragraph (b) may offer lecture 
 services and is exempt from the provisions of this section. 

    (d) A person who is preparing for the practice of 
 psychology under supervision in accordance with board statutes 
 and rules may be designated as a "psychological intern," 
 "psychological trainee," or by other terms clearly describing 
 the person's training status.  

    (e) Former licensees who are completely retired from the 
 practice of psychology may represent themselves using the 
 descriptions in paragraph (a), clauses (1) and (2), but shall 
 not represent themselves or allow themselves to be represented 
 as current licensees of the board. 

    (f) Nothing in this section shall be construed to prohibit 
 the practice of school psychology by a person licensed in 
 accordance with chapters 122A and 129. 

    Subd. 4.    Persons or techniques not regulated by this 
 board.  (a) Nothing in sections 148.88 to 148.98 shall be 
 construed to limit the occupational pursuits consistent with 
 their training and codes of ethics of professionals such as 
 teachers in recognized public and private schools, members of 
 the clergy, physicians, social workers, school psychologists, 
 alcohol or drug counselors, optometrists, or attorneys.  
 However, in such performance any title used shall be in 
 accordance with section 148.96. 

    (b) Use of psychological techniques by business and 
 industrial organizations for their own personnel purposes or by 
 employment agencies or state vocational rehabilitation agencies 
 for the evaluation of their own clients prior to recommendation 
 for employment is also specifically allowed.  However, no 
 representative of an industrial or business firm or corporation 
 may sell, offer, or provide any psychological services as 
 specified in section 148.89 unless such services are performed 
 or supervised by individuals licensed under sections 148.88 to 
 148.98. 

    Subd. 5.    Other professions not authorized.  Nothing 
 in sections 148.88 to 148.98 shall be construed to authorize a 
 person licensed under sections 148.88 to 148.98 to engage in the 
 practice of any profession regulated under Minnesota law unless 
 the person is duly licensed or registered in that profession. 

    HIST: 1973 c 685 s 9; 1986 c 444; 1991 c 255 s 14; 1996 c 424 
 s 20; 1997 c 102 s 5,6; 1998 c 397 art 11 s 3 

  148.97 Repealed, 1996 c 424 s 24 

     148.975 Duty to warn; limitation on liability; violent 
  behavior of patient. 

    Subdivision 1.    Definitions.  (a) The definitions in 
 this subdivision apply to this section. 

    (b) "Other person" means an immediate family member or 
 someone who personally knows the client and has reason to 
 believe the client is capable of and will carry out the serious, 
 specific threat of harm to a specific, clearly identified or 
 identifiable victim. 

    (c) "Reasonable efforts" means communicating the serious, 
 specific threat to the potential victim and if unable to make 
 contact with the potential victim, communicating the serious, 
 specific threat to the law enforcement agency closest to the 
 potential victim or the client. 

    Subd. 2.    Duty to warn.  The duty to predict, warn of, 
 or take reasonable precautions to provide protection from, 
 violent behavior arises only when a client or other person has 
 communicated to the licensee a specific, serious threat of 
 physical violence against a specific, clearly identified or 
 identifiable potential victim.  If a duty to warn arises, the 
 duty is discharged by the licensee if reasonable efforts, as 
 defined in subdivision 1, paragraph (c), are made to communicate 
 the threat. 

    Subd. 3.  Renumbered subd 2 

    Subd. 3.    Liability standard.  If no duty to warn 
 exists under subdivision 2, then no monetary liability and no 
 cause of action may arise against a licensee for failure to 
 predict, warn of, or take reasonable precautions to provide 
 protection from, a client's violent behavior. 

    Subd. 4.    Disclosure of confidences.  Good faith 
 compliance with the duty to warn shall not constitute a breach 
 of confidence and shall not result in monetary liability or a 
 cause of action against the licensee. 

    Subd. 5.    Continuity of care.  Nothing in subdivision 
 2 shall be construed to authorize a licensee to terminate 
 treatment of a client as a direct result of a client's violent 
 behavior or threat of physical violence unless the client is 
 referred to another practitioner or appropriate health care 
 facility. 

    Subd. 6.    Exception.  This section does not apply to a 
 threat to commit suicide or other threats by a client to harm 
 the client, or to a threat by a client who is adjudicated 
 mentally ill and dangerous under chapter 253B. 

    Subd. 7.    Optional disclosure.  Nothing in section 
 148.975 shall be construed to prohibit a licensee from 
 disclosing confidences to third parties in a good-faith effort 
 to warn against or take precautions against a client's violent 
 behavior or threat to commit suicide for which a duty to warn 
 does not arise. 

    Subd. 8.    Limitation on liability.  No monetary 
 liability and no cause of action, or disciplinary action by the 
 board may arise against a licensee for disclosure of confidences 
 to third parties, for failure to disclose confidences to third 
 parties, or for erroneous disclosure of confidences to third 
 parties in a good-faith effort to warn against or take 
 precautions against a client's violent behavior or threat of 
 suicide for which a duty to warn does not arise. 

    HIST: 1986 c 380 s 1; 1996 c 424 s 21 

  148.976 Repealed, 1998 c 254 art 1 s 48 

     148.98 Rules of conduct. 

    The board shall adopt rules of conduct to govern an 
 applicant's or licensee's practices or behavior.  The board 
 shall publish the rules in the State Register and file the rules 
 with the secretary of state at least 30 days prior to the 
 effective date of the rules.  The rules of conduct shall 
 include, but are not limited to, the principles in paragraphs (a)
 through (c).  

    (a) Applicants or licensees shall recognize the boundaries 
 of their competence and the limitations of their techniques and 
 shall not offer services or use techniques that fail to meet 
 usual and customary professional standards. 

    (b) An applicant or licensee who engages in practice shall 
 assist clients in obtaining professional help for all important 
 aspects of the client's problems that fall outside the 
 boundaries of the applicant's or licensee's competence. 

    (c) Applicants or licensees shall not claim either directly 
 or by implication professional qualifications that differ from 
 their actual qualifications, nor shall they misrepresent their 
 affiliations with any institution, organization, or individual, 
 nor lead others to assume affiliations that do not exist. 

    HIST: 1973 c 685 s 11; 1976 c 222 s 72; 1986 c 444; 1991 c 255 
 s 16; 1993 c 206 s 19; 1996 c 424 s 22 

    148.99 Subdivision 1.  Repealed, 1976 c 222 s 209 

    Subd. 2.  Expired